ILNews

Plea agreement, child support issues granted transfer

Jennifer Nelson
January 1, 2008
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.

In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court's calculation of Timothy's child support obligation. The appellate court found the trial court erroneously calculated Timothy's weekly gross income, and remanded the trial court to add $100 to his weekly gross income and recalculate the amount of income to be imputed to Marla; the COA also ordered Timothy's child support obligation to be recalculated.

Two of the transferred cases - Anthony A. Hopkins v. State, No. 49A05-0705-PC-279, and State v. Michael A. Cozart, No. 22A01-0704-PC-183 - deal with plea agreements. Hopkins appealed the post-conviction court's denial of one of his claims for post-conviction relief, contending the court erred in failing to advise him of his Boykin rights, which caused his guilty plea to be involuntary and unintelligent. The Court of Appeals ordered his guilty plea vacated because the trial court only advised him of his right to trial by jury; because Hopkins admitted to the habitual offender enhancement, the COA ruled he did plead guilty to being a habitual offender.

In Cozart, the Court of Appeals affirmed the post-conviction court's order granting Cozart's petition for post-conviction relief, ruling Cozart didn't plead guilty knowingly and voluntarily. The state argued the trial court was not required to advise Cozart regarding the effect his prior felony convictions would have on the court's authority to suspend a portion of the minimum sentence he faced after pleading guilty. Cozart claimed he didn't understand the trial court was without discretion to suspend any of the minimum sentence he faced because of his prior convictions.

The three other cases granted transfer involve sex offenders - In the Matter of J.C.C., No. 49A02-0403-JV-266; Richard P. Wallace v. State of Indiana, No. 49A02-0706-CR-498; and Todd L. Jensen v. State of Indiana. All three ask the high court to decide on matters regarding registering as a sex offender. (A story in today's Indiana Lawyer Daily includes more information about these cases.)
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

ADVERTISEMENT