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Vernon L. Eversole v. State of Indiana
24A-CR-864
Criminal. Affirms a Vigo Superior Court jury’s conviction of Vernon Eversole for murder and reverses his conviction for Level 2 felony attempted robbery. Finds Eversole has established that the trial court violated his substantive double jeopardy rights when the court entered its judgment of conviction for both murder and Level 2 felony attempted robbery. Also finds that the proper remedy is to vacate the conviction for attempted robbery. Finally, finds Eversole’s aggregate sentence remains unchanged. Judge Elaine Brown dissents with a separate opinion. Attorney for appellant: Cara Wieneke. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General George Sherman.
Lamenski Ewing v. State of Indiana
24A-CR-1721
Criminal. Affirms Vanderburgh Circuit Court Magistrate Celia Pauli’s revocation of Lamenski Ewing’s community corrections placement and imposition of his entire sentence. Finds the trial court’s revocation of Ewing’s suspended sentence was within its statutory authority and did not violate Ewing’s due process rights. Also finds the trial court did not abuse its discretion by imposing the suspended portion of Ewing’s sentence. Attorney for appellant: Matthew McGovern. Attorneys for appellee: Attorney General Todd Rokita, Supervising Deputy Attorney General Caroline Templeton.
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