Opinions September 4, 2024

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Indiana Court of Appeals
Maurice McGraw, Jr. v. State of Indiana
24A-CR-16
Criminal. Affirms Maurice McGraw’s convictions in Marion Superior Court of Level 5 felony domestic battery causing serious bodily injury and Level 6 felony domestic battery occurring in the presence of a child, and his sentence of six years in prison with three years suspended to probation. Finds McGraw has failed to establish a substantive double-jeopardy violation. Judge Terry Crone concurs with opinion and Judge Elizabeth Tavitas concurs in part and dissents in part with opinion.

Kelli Anderson v. State of Indiana
23A-CR-2609
Criminal. Affirms the Marion Superior Court’s order denying Kelli Anderson’s motion to dismiss the state’s charging information alleging she committed reckless homicide, a Level 5 felony. Finds that the trial court did not abuse its discretion when it denied Anderson’s motion to dismiss the charging information. Also finds no violations of the statutes governing grand jury proceedings and no flagrant imposition of the grand jury’s independent judgment, as well as no violation of Anderson’s right to due process.

Jonathan L. Crabb v. State of Indiana
24A-CR-886
Criminal. Reverses the Vigo Superior Court’s denial of Jonathan Crabb’s motion for discharge under Indiana Criminal Rule 4(C), claiming the state failed to bring him to trial within one year of being charged. Finds the state bears the burden of bringing defendants to trial within one year. Remands with instructions to vacate Crabb’s conviction of Level 3 felony aggravated battery.

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