The Indiana Court of Appeals will hear oral argument in Otis Freshwater v. State of Indiana on Tuesday, April 15th at 1:30 p.m. at Heritage Christian School in Indianapolis.  A panel of Judge Melissa S. May, Judge Michael P. Barnes, and Judge Cale J. Bradford will hear the case on appeal from Grant Superior Court.

Mr. Freshwater is appealing his conviction for armed robbery and residential entry.  The Court is asked to decide two issues.  The first is whether the trial court erred by admitting hearsay statements from a police officer over Mr. Freshwater’s objection.  The second stems from Mr. Freshwater’s belief that the State failed to meet their burden of proof on the second count of residential entry.  The Court is asked to decide whether this contention is true, and if so, whether the trial court erred by failing to rule in his favor on that count.  Arguing for the appellant, Mr. Freshwater, will be Grant County Public Defender C. Robert Rittman.  Deputy Attorney General Joseph R. Delameter will argue for the State of Indiana.
 
The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch.  Members of the audience may ask questions about the judicial process in Indiana following the submission of the case.  Though Freshwater v. State will be the Court’s first visit to Heritage Christian School, the Court has heard more than 200 oral arguments “on the road” at law schools, colleges, high schools and county courthouses since its centennial in 2000-2001. 

The Indiana Court of Appeals is the state’s second-highest court.  It reviews appeals from trial court decisions; a decision of the Indiana Court of Appeals is final unless granted further review by the Indiana Supreme Court.  The majority of appeals filed in Indiana are decided by the Court of Appeals.  

The 15 judges on the Court of Appeals issue more than 2,800 written opinions each year, sitting in three-judge panels.  For more information about the Court of Appeals, visit www.in.gov/judiciary/appeals.  For the Court’s “Appeals on Wheels” initiative, as well as additional information on Freshwater v. State, visit http://www.in.gov/judiciary/appeals/arguments.html.