Justices to hear arguments on 2 transfer petitions

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The Indiana Supreme Court will hear arguments in two cases this week, considering whether to grant transfer to disputes involving college athletes and police interrogations.

The justices will hear arguments on petitions to transfer in National Collegiate Athletics Association v. Ace American Ins. Co, et al., 19A-PL-1313, and State of Indiana v. Axel Domingo Diego, 20A-CR-227.

In the case involving the NCAA, the Indianapolis-based organization sought coverage from several insurers on antitrust claims brought by college football and basketball players seeking compensation that could total nearly $1 billion. The Marion Superior Court ruled in favor of the insurers in a case related to a federal suit out of the Northern District of California, Jenkins et al. v. Nat’l Collegiate Athletic Assoc., 14-cv-2758.

NCAA appealed, but the Indiana Court of Appeals affirmed in July 2020, agreeing with the trial court that the organization was not entitled to coverage under separate policies issued in 2005-2006 and 2012-2014. The college sports organization is now asking the Supreme Court to accept the case

Arguments in the NCAA case will begin at 9 a.m. Thursday.

In Diego, the state of Indiana is seeking transfer after the Indiana Court of Appeals upheld the suppression of statements made by defendant Axel Domingo Diego during a police interrogation. Both the Cass Circuit Court and the Court of Appeals found the statements were inadmissible because they were made pre-Miranda.

The COA affirmed the trial court in August 2020, then reaffirmed on rehearing in November.

Arguments in Diego begin at 10 a.m. Thursday.

The oral arguments can be watched live online.

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