ILNews

High court grants transfers with opinions

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court granted transfer with opinion to two cases today and granted transfer to another, which it remanded to the Indiana Court of Appeals.

The high court issued opinions in Louis Richard Harris v. State, No. 48S02-0812-CR-637, in which Louis Richard Harris appealed his 100-year sentence for child molesting; and in Ky Morton v. Jerome P. Ivacic, No. 71S03-0708-CV-386, a tenant/landlord dispute from small claims court.

In Harris, the Supreme Court revised Harris' 50-year sentence each on two counts of child molesting to be served consecutively and ordered they be served concurrently. Harris was convicted of molesting his girlfriend's 11-year-old daughter to whom he was a father figure.

Harris had committed the crimes before the Indiana legislature amended the state's sentencing statute, so the presumptive sentencing scheme applies in his case. Under this scheme, a Class A felony child-molesting conviction had a standard sentence of 30 years, with no more than 20 years added for aggravating circumstances or more than 10 years subtracted for mitigating circumstances.

The trial court identified three aggravating circumstances but didn't explain why they warranted consecutive sentences instead of enhanced concurrent sentences, wrote Justice Frank Sullivan. The justices found Harris' previous convictions of traffic violations and theft aren't significant aggravators in relation to his child-molesting charges. The aggravating circumstances warrant imposing an enhanced sentence for child molesting, but not consecutive sentences, Justice Sullivan wrote. The high court remanded with instructions to issue an amended sentencing order or make any other documents or docket entries necessary to impose a revised sentence consistent with this opinion, without a hearing.

In Morton v. Ivacic, the Supreme Court reversed the Small Claims Division of St. Joseph Superior Court order of immediate possession of a rental property to Jerome Ivacic, the landlord of Ky Morton. Morton fell behind in his rent for several months but had paid it back at the time of the court hearing and didn't believe he should be evicted.

The justices ruled Morton attempted to provide the court with testimony and a notarized affidavit and other documentation in his defense against charges levied by Ivacic, but the court denied Morton due process. The transcript of the hearing appears to indicate from the beginning an expectation that Ivacic was entitled to an order of immediate possession, wrote Chief Justice Randall T. Shepard.

"Even taking into account for the informality of the small claims process, Morton was not given an adequate opportunity to say yes or no to any of Ivacic's allegations at the prejudgment hearing," he wrote.

The Supreme Court also granted transfer with a remand to the Court of Appeals in the post-conviction appeal of Raphael Miles v. State, 82A01-0711-PC-529.

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. Affordable Loan Offer (ericloanfinance@hotmail.com) NEED A LOAN?Sometime i really wanna help those in a financial problems.i was wondering why some people talks about inability to get a loan from a bank/company. have you guys ever try Eric Benson lending service.it cost dollars to loan from their company. my aunty from USA,just got a home loan from Eric Benson Lending banking card service.and they gave her a loan of 8,000,000 USD. they give out loan from 100,000 USD - 100,000,000 USD. try it yourself and testimony. have a great day as you try.Kiss & Hug. Contact E-mail: ericloanfinance@hotmail.com

  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

ADVERTISEMENT