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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowIndiana Court of Appeals
Kelly L. Gillespie v. State of Indiana
23A-PC-2494
Post conviction relief. Reverses the Orange Circuit Court’s denial of Kelly Gillespie’s petition for post conviction relief after he was convicted of Level 4 felony possession of methamphetamine, Level 6 felony maintaining a common nuisance, and Class B misdemeanor possession of marijuana. Finds Gillespie’s counsel’s errors are sufficient to undermine the appellate court’s confidence in the verdict rendered in this case. Also finds Gillespie has shown the evidence leads unerringly and unmistakably to a conclusion opposite that reached by the post conviction court. Remands the case for a new trial.
Commitment of G.W. v. Madison State Hospital
23A-MH-2452
Mental health. Affirms the Marion Superior Court’s order of regular commitment stating G.W. is mentally ill and gravely disabled. Finds the trial court did not commit reversible error in holding the hearing via video conference. Reverses the part of the order directing G.W. to be placed at Madison State Hospital. Finds Madison State Hospital failed to show its facility is the appropriate place for G.W. Remands with instructions to hold a new evidentiary hearing to address the appropriate placement for G.W.
Dongwook Ko v. State of Indiana
24A-CR-98
Criminal. Affirms Dongwook Ko’s conviction in Clay Superior Court for conspiracy to commit murder as a level 2 felony. Finds Ko has failed to show bad faith on the part of the state and the trial court did not abuse its discretion in denying Ko’s motion to dismiss.
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