The Indiana Court of Appeals will hear oral argument in Gabino Gonzalez v. State of Indiana on Wednesday, April 8th at 12:45 p.m. at the Sam and Paul Robinson Performing Arts Center at Providence Jr./Sr. High School.  A panel of Judge Patricia A. Riley, Judge L. Mark Bailey, and Judge Melissa S. May will hear the case on appeal from Vanderburgh Superior Court.

The case involves the conviction of Gabino Gonzalez of criminal mischief and driving while intoxicated. Gonzalez was driving his pickup truck while he was intoxicated and hit a school bus.  Before his trial he was negotiating a guilty plea and while it was pending he wrote a letter to the school corporation in which he apologized for the accident and admitted he was drinking that day.  The trial court allowed the State to enter that letter into evidence.  Gonzalez argues on appeal that error occurred because a letter written as part of guilty plea negotiations is inadmissible at a trial, and because the letter was hearsay.  Apparently, Gonzalez had written a different letter in Spanish but the letter presented at trial was a translation by someone else.  Arguing for the appellant, Gabino Gonzalez, will be Matthew Jon McGovern, and arguing for the appellee, State of Indiana, will be Matthew Whitmire.

The Court hears oral argument at venues across the state to enable Hoosiers to learn about the judicial branch, and members of the audience are invited to ask questions following the submission of the case about the judicial process in Indiana.   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.