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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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