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Opinions Dec. 9, 2014 ILD

Indiana Court of Appeals
Christopher DeMoss v. State of Indiana (NFP)
84A05-1408-CR-235
Criminal. Affirms revocation of probation.

Dallas C. Myers v. Heather D. Myers (NFP)
29A02-1405-DR-335
Domestic relation. Affirms denial of father’s requests to modify custody, to hold mother in contempt and to require mother to contribute to transportation expenses related to his parenting time.

Demetrius Sanders v. State of Indiana (NFP)
49A02-1405-CR-301
Criminal. Affirms sentencing determination but remands for clarification of Sanders’ sentence regarding the length of his probation.

Christopher Truman v. State of Indiana (NFP)
64A05-1403-CR-140
Criminal. Affirms convictions and 118-aggregate sentence relating to the sexual abuse of four minor boys.
 

Opinions Oct. 9, 2014

Indiana Court of Appeals
Kolyann Williams v. State of Indiana
34A02-1406-CR-418
Criminal. Reverses conviction of Class A misdemeanor marijuana possession stemming from a traffic stop. Concludes the officer did not have a reasonable suspicion to believe that Williams had committed an infraction that supported stopping his car.

COA reverses marijuana conviction based on illegal traffic stop

A police officer was mistaken when he pulled over a vehicle that, due to a broken tail light, emitted more white light than red light, the Indiana Court of Appeals ruled Tuesday. The statute only requires that some red light be visible, which occurred in this case.

COA reverses syringe possession conviction due to lack of evidence

Because the state couldn’t prove that a man intended to use a syringe to inject a legend drug, as is required by the statute to convict him of possession of a syringe, the Indiana Court of Appeals reversed the man’s conviction. The man intended to use the syringe to inject heroin, which is not covered by the statute.

Lawyer says no plea deal in Mellencamp son’s case

The defense attorney for the oldest son of rock star John Mellencamp says she is seeking a pretrial hearing but no agreement has been reached for him to plead guilty to charges that he badly beat a man.

Opinions Dec. 8, 2014, ILD

Indiana Court of Appeals
Terry L. LaCroix v. State of Indiana (NFP)
35A05-1404-CR-196
Criminal. Affirms convictions of four counts of Class A felony child molesting, but revises his sentence to concurrent 40-year terms with 35 years executed and five years suspended to probation on all counts.

Richard Edwards v. State of Indiana (NFP)
49A02-1403-CR-195
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Clay Michael Howard v. State of Indiana (NFP)
79A02-1403-CR-202
Criminal. Affirms denial of motion to withdraw guilty plea, but reverses sentence in part and remands for revision. It was erroneous to impose one year of home detention in excess of the executed portion of the term because it contravened the terms of the plea agreement.

Jonathan Maynard v. State of Indiana (NFP)
32A01-1405-CR-205
Criminal. Reverses convictions of Class C felony attempted child molesting and Class B misdemeanor battery and remands with instructions to vacate them based on double jeopardy violations. Affirms conviction of Class C felony child molesting.

Calvin Sarver v. State of Indiana (NFP)
29A02-1407-CR-504
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Mark Robinson v. State of Indiana (NFP)
49A02-1402-CR-122
Criminal. Affirms conviction of Class D felony theft.

 

Opinions Dec. 8, 2014

Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
32A05-1403-MI-148
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.

DOC credit-time policy does not result in disparate treatment

The Indiana Court of Appeals rejected an inmate’s argument in his lawsuit challenging the constitutionality of the Department of Correction’s policy concerning the restoration of credit time for inmates. Because the policy does not result in disparate treatment, the judges affirmed the lower court ruling in favor of the DOC.

COA reverses convictions based on ineffective appellate counsel

The Indiana Court of Appeals reversed a man’s convictions of Class A felony child molesting and Class B felony sexual misconduct with a minor based on his sexual advances toward his stepdaughter when she was in junior high and high school. The judges acknowledged as a result of their decision, the stepfather won’t face any legal consequences for those actions, but the state had a duty to present sufficient evidence to support those convictions.

Ex-prosecutor helps Ball State avert future fraud

A former federal prosecutor and a CPA firm are evaluating Ball State University's internal financial controls and investment portfolio as they create a plan to prevent a repeat of two investment scams that cost the university more than $13 million.

Attorneys seek competency exam in homicide case

Attorneys for a 20-year-old Fort Wayne man charged with killing a woman in a cemetery and setting her body on fire have requested mental health experts examine him to determine if he is competent to stand trial.