Justices adopt appellate court findings

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The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.

Those opinions came in the cases of Curtis Outlaw v. State, No. 49S02-1006-CR-328; and Steven Marbley-El v. State, No. 71S03-1006-PC-329.

In Outlaw, the justices agreed with the appellate panel in reversing an Indianapolis man’s conviction for a Class A misdemeanor of operating a vehicle while intoxicated “in a manner that endangers a person.” The state had argued that evidence of intoxication should be sufficient to prove “endangerment,” which was the case before the General Assembly revised Indiana Code §9-30-5-2 in 2001. But the appellate court disagreed and rejected that argument and the conviction, which Curtis Outlaw had received a 365-day sentence for.

In Marbley-El, the court granted the transfer petition and summarily affirmed the Court of Appeals on a post-conviction case from St. Joseph Superior. Steven Marbley-El argued that he should have received a jury trial because his sentence was enhanced beyond the four year advisory to six years, based on Blakey v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004) and Smylie v. State, 823 N.E.2d 679 (Ind. 2005). But the justices said those rulings don’t apply here because Marbley-El committed the robbery after lawmakers enacted the present “advisory” sentencing scheme.


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  1. Freedom From Religion Foundation: If you really want to be free from religion, don't go to the Christmas Play or the Christmas Pageant or the Christmas Parade. Anything with "Christ" or Saint...fill in the blank...would be off limits to you. Then leave the rest of us ALONE!

  2. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  3. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  4. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  5. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon