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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following Supreme Court opinions were posted after IL deadline Tuesday:
Jordan B. Wadle v. State of Indiana
19S-CR-340
Criminal. Affirms and reverses in part Jordan Wadle’s convictions of Level 3 felony leaving the scene of an accident, Level 5 felony operating a vehicle while intoxicated causing serious bodily injury and Level 6 felony counts of OWI endangering a person and OWI with a blood-alcohol concentration of 0.08 or more, and his 16-year sentence with two years suspended to probation. Overrules the Richardson v. State constitutional tests in resolving claims of substantive double jeopardy and instead adopts an analytical framework that applies the statutory rules of double jeopardy. Finds the statutory offenses charged against Wadle were alternative sanctions, so his multiple convictions violate the statutory rules of substantive double jeopardy. Also finds Wadle’s conviction of Level 3 felony leaving the scene of an accident justifies his sentence. Remands for Fayette Superior Court to vacate all but one of Wadle’s convictions, Level 3 felony leaving the scene of the accident, and to leave his sentence in place.
Alain Kiiwon Powell, Jr. v. State of Indiana
19S-CR-527
Criminal. Affirms Alain Powell Jr.’s two convictions in Tippecanoe Circuit Court of attempted murder, holding that the shots he fired at two victims amount to chargeable offenses based on his intent to kill both victims.
Indiana Court of Appeals
State of Indiana v. Axel Domingo Diego
20A-CR-227
Criminal. Affirms in an interlocutory appeal the Cass Circuit Court’s grant of Axel Domingo Diego’s motion to suppress recordings of his interrogation by police. Finds the trial court did not err when it granted Domingo Diego’s motion to suppress his statement to police because the statement was obtained during custodial interrogation without Miranda warnings.
Bayer Corporation, et al. v. Rene Leach, et al.
19A-CT-625
Civil tort. Affirms in part, reverses in part, remands for further proceedings. Finds Bayer Corporation is entitled to judgment on the pleadings on all tort claims premised on the failure to strengthen label warnings; on the pleadings on all tort claims that do not involve a defect recognized by the IPLA; and on the claim that Bayer is liable for a failure to warn. Reverses the denial of a Rule 12(C) motion as to the foregoing claims. However, affirms in all other respects because Bayer has otherwise not demonstrated its entitlement to judgment on the pleadings.
Christopher Bell, Jr. v. State of Indiana (mem. dec.)
20A-CR-314
Criminal. Affirms Christopher Bell Jr.’s sentence and conviction of Level 6 felony possession of a narcotic drug, and the revocation of his probation under a separate cause number based on his commission of that crime. Finds his sentence is not inappropriate. Also finds the Allen Superior Court did not abuse its discretion when it ordered Bell to serve his suspended sentence of one year in the DOC rather than on probation.
Keith E. Wright, Jr. v. State of Indiana (mem. dec.)
20A-CR-714
Criminal. Affirms Keith Wright Jr.’s five-year sentence for conviction of Level 5 felony escape. Finds Wright’s sentence imposed in Wabash Circuit Court is not inappropriate in light of his character.
Christopher Thielen v. Amy Smith (mem. dec.)
20A-JP-601
Juvenile paternity. Affirms the Tippecanoe Circuit Court’s order establishing paternity, parenting time and other matters for Christopher Thielen. Concludes that the trial court’s calculation of his child support arrearage includes the period dating to the births of his children, which was within its discretion pursuant to Section 31-14-11-5. Thus, finds the trial court did not abuse its discretion in determining Thielen’s child support arrearage.
Kenneth Gregory Hudgins v. State of Indiana (mem. dec.)
20A-CR-205
Criminal. Affirms Kenneth Hudgins’ convictions in Marion Superior Court of Level 6 felony counts of criminal recklessness, resisting law enforcement, intimidation, battery on a public safety official and two counts of Level 6 felony battery by bodily waste; Class A misdemeanor domestic battery, and Class B misdemeanor criminal mischief. Finds the trial court did not abuse its discretion when it granted the state’s motion for joinder. However, remands with instructions for the court to correct the written sentencing order to reflect Hudgins’ domestic battery conviction as a Class A misdemeanor.
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