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A trial court erred in ordering a man’s name removed from the state’s sex offender registry because the court didn’t provide notice to the appropriate parties or hold a hearing before doing so, ruled the Indiana Court of Appeals.
The Indiana Court of Appeals reversed the denial of a pro se inmate’s petition for permission to file a belated appeal after his post-conviction relief petition was denied, finding the chronological cases summary to contain inconsistencies. The judges also noted that this particular court has a “documented history” of not organizing and keeping abreast of its post-conviction relief files.
The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.
Brian S. Christie v. State of Indiana
33A01-1006-CR-306
Criminal. Affirms order revoking Christie’s community corrections placement and order he serve the entirety of his remaining sentence at the Department of Correction. The trial court’s judicial notice and its dispositional order were proper.
Kevin D. Ables v. Wray J. Ables (NFP)
18A05-1002-DR-144
Domestic relation. Affirms post-dissolution order.
Marshall Sims v. State of Indiana (NFP)
49A02-1005-CR-555
Criminal. Affirms revocation of probation.
George Burnett v. State of Indiana (NFP)
15A01-1002-CR-182
Criminal. Affirms order denying Burnett’s motion to correct erroneous sentence.
Mrtyrone Demon Metcalf v. State of Indiana (NFP)
45A04-1002-CR-69
Criminal. Affirms convictions of murder, felony murder in the perpetration of a robbery, and Class B felony robbery.
Justin Trevor Stetler v. State of Indiana (NFP)
79A04-1004-CR-312
Criminal. Stetler pleaded guilty to Class B felony attempted child molesting. Reverses a restriction in the sentencing order and remands for it to be deleted and impose conditions as stated in the language. Affirms the trial court’s finding of aggravating and mitigating circumstances and his 14-year sentence of 10 years executed and four years suspended and served on probation.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Francisco Onan Delao v. State of Indiana
20A05-1003-CR-182
Criminal. Affirms four convictions of Class A felony dealing in cocaine. Delao waived any error in the admission of the audio recordings of certain cocaine transactions because he failed to present a sufficient record for appellate review. His sentence is appropriate in light of his character and offenses.
Former Marion County prosecutor Carl Brizzi took the stand today, defending himself against attorney misconduct charges alleging that he violated professional conduct rules by public statements made on pending cases.
The Marion County Prosecutor’s Office has fired the deputy prosecutor arrested Jan. 2 for her involvement in a disturbance in an Indianapolis apartment.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Anthony V. Collins-Caudill v. State of Indiana (NFP)
92A05-1003-CR-242
Criminal. Affirms conviction of Class B felony robbery.
Courtney Long v. State of Indiana (NFP)
49A04-1005-CR-286
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class A misdemeanor resisting law enforcement, and Class A misdemeanor driving while license suspended.
Lester Lyle v. State of Indiana (NFP)
15A01-1005-CR-258
Criminal. Affirms sentence following guilty plea to Class D felony unlawfully acquiring a controlled substance.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Anthony V. Collins-Caudill v. State of Indiana (NFP)
92A05-1003-CR-242
Criminal. Affirms conviction of Class B felony robbery.
Even as the Indiana Board of Law Examiners searches for a new leader, a federal lawsuit remains pending against the state agency’s questions to prospective lawyers about their mental and emotional health.
Court reporters would need licenses, there would be more money to implement the statewide case management system in trial courts, and convicted sex offenders would be banned from public libraries if these bills introduced this session become law.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jeremiah Hayes v. State of Indiana (NFP)
82A05-1006-CR-388
Criminal. Affirms sentence following guilty plea to two counts of child molesting as Class C felonies.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Jeremiah Hayes v. State of Indiana (NFP)
82A05-1006-CR-388
Criminal. Affirms sentence following guilty plea to two counts of child molesting as Class C felonies.
The annual Talk to a Lawyer Today event will take place on Jan. 17 at locations around the state. While the free CLE opportunities took place in late 2010, volunteers who want to participate may do so if they didn’t attend the CLE.
The Indiana Senate and House of Representatives reconvened this afternoon to begin the 2011 long session. The legislators still have time to file bills, but there are already several bills introduced that may affect Indiana courts and the legal community.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
Judge Sarah K. Mullican was appointed by the Indiana Supreme Court as judge pro tempore in Terre Haute City Court, effective Jan. 1, 2011. She was previously the commissioner for the Title IV-D Court in Terre Haute, which deals with the non-payment of child support.
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.