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Marcus Lee McCain v. State of Indiana
19A-CR-1113
Criminal. Affirms and reverses in part Marcus McCain’s enhanced 45-year sentence for his conviction of voluntary manslaughter. Finds the Lake Superior Court did not err in imposing a firearm enhancement. Also finds the trial court’s description of the killing of Marcel Harris was directly at odds with the jury’s finding of sudden heat and therefore was an improper aggravator as a matter of law. Remands with instructions for the trial court to sentence McCain to 35 years – 25 years for voluntary manslaughter enhanced by 10 years for using a firearm. Judge Elizabeth Tavitas concurs in part and dissents in part with separate opinion.
K.P. v. State of Indiana (mem. dec.)
19A-JV-1484
Juvenile. Reverses the Hendricks Superior Court’s waiver of juvenile K.P. to adult court. Finds the waiver was not in K.P.’s best interests, and it was not in the best interests of the safety and welfare of the community for him to become a convicted felon on his first offense without ever having received the benefit of services offered through the juvenile justice system.
Jacob T. Kingma v. State of Indiana (mem. dec.)
19A-CR-1661
Criminal. Affirms the denial of Jacob Kingma’s motion for judicial review of his suspended driving privileges and a subsequent motion to correct error. Finds the Clinton Superior Court did not abuse its discretion when it denied Kingma’s motion for judicial review of the administrative suspension of his driver’s license.
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