Subscriber Benefit
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 was posted after IL deadline Thursday:
Jamone M. Williams v. State of Indiana
23S-CR-283
Criminal. Grants transfer and vacates Jamone M. Williams’ sentence to an aggregate of 49 years for two counts of child molesting. Finds Williams did not waive his right to be physically present at sentencing, so it was improper to hold his sentencing at the hospital. Remands for a new sentencing hearing.
Friday opinions
Court of Appeals of Indiana
Kimberly J. Brook v. State of Indiana
22A-CR-2110
Criminal. Affirms Kimberly J. Brook’s convictions of Class A misdemeanor resisting law enforcement, Class A misdemeanor driving while suspended, Level 6 felony unlawful possession or use of a legend drug and Level 6 felony obstruction of justice, and her two-year sentence, with one year executed and one year served on community corrections. Finds Brook was not entitled to bifurcation, so the Cass Superior Court did not abuse its discretion in denying her request. Also finds the trial court did not erroneously invade the province of the jury by giving instructions that created a mandatory presumption indicating that Lorazepam was classified as a legend drug, and there was sufficient evidence to prove that Brook possessed Lorazepam. Finally, finds the trial court did not abuse its discretion in the admission of testimony, and Brook’s sentence is not inappropriate. Judges Nancy Vaidik and Elizabeth Tavitas concur and dissent in part with separate opinions.
B.W. (Father) v. A.C. and D.C. (mem. dec.)
23A-AD-1181
Adoption. Affirms the Lake Superior Court’s conclusion that biological father B.W. waived his right to object to the child R.W.’s adoption. Finds the juvenile court did not err.
Please enable JavaScript to view this content.