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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 Indiana Supreme Court opinion published after IL deadline Wednesday:
M.H. v. State of Indiana
22S-JV-251
Juvenile. Affirms Elkhart Circuit Court’s judgment to deny M.H. requested relief under Trial Rule 60(B)(6). Finds Because its decision in K.C.G. does not affect the reliability or fairness of juvenile proceedings, policies of finality and efficient administration of justice compels them to hold that the new jurisdictional rule announced in that case does not apply retroactively in a collateral attack to render a final delinquency adjudication void. Justice Derek Molter concurs with separate opinion. Justice Geoffrey Slaughter also concurs with a separate opinion that Justice Mark Massa joins.
Thursday opinions
Court of Appeals of Indiana
Brandon L. Pritcher v. State of Indiana
22A-CR-02196
Criminal. Affirms Brandon Pritcher’s conviction of murder and sentence of 65 years incarceration. Finds the prosecutor’s misstatement of the law during closing argument did not constitute fundamental error because the Vigo Superior Court properly instructed the jury regarding the elements of murder and the correct definition of the requisite mens rea of knowingly. Also finds the state presented sufficient evidence to support Pritcher’s conviction and his sentence is not inappropriate.
Taryn Harrison v. Theresa Harrison, as Personal Representative of the Unsupervised Estate of Fredric Stephen Harrison and Stephen Harrison and Theresa Harrison, as Personal representative of the Unsupervised Estate of Fredric C. Harrison (mem. dec.)
22A-PL-01807
Civil plenary. Reverses Fayette Circuit Court’s grant of preliminary injunction in favor of appellees. Finds the trial court erred in granting the injunction.
Jordan M. Knudson v. State of Indiana (mem. dec.)
22A-CR-01758
Criminal. Affirms Jordan Knudson’s conviction for murder and his sentence of 65 years. Finds the Ripley Circuit Court did not abuse its discretion by denying his request for a mistrial or by improperly finding two sentencing aggravators. Also finds his sentence is not inappropriate.
Joshua Lee Cassel v. State of Indiana (mem. dec.)
22A-CR-02041
Criminal. Affirms Joshua Cassel’s conviction of Level 1 felony child molesting. Finds the trial court did not abuse its discretion.
Steven Andrew Hutchens v. State of Indiana (mem. dec.)
22A-CR-02530
Criminal. Reverses Steven Andre Hutchens’ revocation of his direct placement on work release and probation, finding the Vigo Superior court erroneously failed to award him credit time to which he was entitled. Remands with instructions to award the appropriate credit time.
James Wilder v. Fran Hohenberger (mem. dec.)
22A-EV-02142
Petition for eviction. Affirms Lake Superior Court’s judgment in favor of Fran Hohenberger on her action for back rent, eviction and damages. Finds if there was error it was harmless.
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