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High court grants transfers with opinions

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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.

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

  2. 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.

  3. 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.

  4. 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/

  5. What form or who do I talk to about a d felony which I hear is classified as a 6 now? Who do I talk to. About to get my degree and I need this to go away it's been over 7 years if that helps.

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