Supreme Court takes 4 cases

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The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.

In Michael Sharp v. State of Indiana, No. 12S02-1109-CR-544, the Indiana Court of Appeals affirmed Michael Sharp’s convictions of and sentence for Class A and Class C felony child molesting. His convictions on both charges didn’t violate double jeopardy standards because each offense required additional proof not used to support the other. The Court of Appeals also concluded that a defendant’s credit restricted felon status can’t be taken into consideration on Indiana Appellate Rule 7(B) review.  

In Jerrell D. White v. State of Indiana, No. 15S01-1109-CR-545, the Court of Appeals affirmed Jerrell White’s conviction of Class D felony theft for stealing a cash register and cash from a restaurant, but reversed his conviction of Class D felony receiving stolen property because of double jeopardy violations. The judges also found insufficient evidence to support a habitual offender finding. They affirmed White’s remaining three-year sentence on the theft conviction and remanded with instructions.

On a rehearing petitioned for by the state, the appellate court remanded to the trial court with instructions that it rehear evidence on the habitual offender enhancement, and affirmed its original decision in all other respects.

In Michael W. Baker v. State of Indiana, No. 89S01-1109-CR-543, the Court of Appeals in a not-for-publication decision reversed Michael Baker’s conviction of Class B felony burglary as well as the determination that he’s a habitual offender. The judges ordered an entry of judgment of conviction for criminal trespass and sentence on that offense.

In Michael B. Adams v. State of Indiana, No. 29S02-1109-CR-542, the COA affirmed Michael Adams’ conviction of Class A misdemeanor possession of marijuana and the decision by the trial court to suspend his license and registration. Adams was a passenger in a car pulled over for speeding, and the police officer could smell raw marijuana coming from the car when Adams rolled down his window. There was sufficient evidence to support the conviction, and the license and registration suspensions were appropriate under Indiana Code 35-48-4-15.  

The justices also denied transfer to 23 cases for the week ending Sept. 9.


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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues