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High court takes 2 cases

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The Indiana Supreme Court has taken a counterfeiting case and a case involving credit time that presents an issue of first impression, according to its latest transfer order.

The justices took two cases for the week ending Dec. 23 - An-Hung Yao and Yu-Ting Lin v. State of Indiana, No. 35S02-1112-CR-704, and Douglas Cottingham v. State of Indiana, No. 06S01-1112-CR-703.

In Yao, the Indiana Court of Appeals ordered counterfeiting and theft charges dropped against An-Hung Yao and Yu-Ting Lin, of Houston, because the Indiana trial court lacked territorial jurisdiction. The appellate court noted that there has only been a small number of cases in Indiana to address territorial jurisdiction, and all either held that there is no serious evidentiary dispute that Indiana has territorial jurisdiction or there is a serious evidentiary dispute requiring a jury determination.

“However, given that Indiana Code section 35-34-1-4(a)(10) provides that the trial court may dismiss an information if there is a jurisdictional impediment to the prosecution, we believe the converse of the rule announced in Ortiz (v. State, 766 N.E.2d 370, 374 (Ind. 2002)) is also true: if there is no serious evidentiary dispute that Indiana does not have territorial jurisdiction, the trial court may dismiss the information as a matter of law and the issue need not be submitted to the jury,” wrote Chief Judge Margret Robb.

In Cottingham, Douglas Cottingham appealed the order that he serve the remainder of his sentence incarcerated after he admitted to a probation violation. At the time his probation was revoked, he was serving home detention. The Court of Appeals affirmed, but it addressed his argument for recalculation of his credit time because it is an issue of first impression regarding recent amendments to Indiana Code 35-38-2.6-6. The statute was amended in 2010 to remove the exclusion of credit time for those in home detention.

The appellate court applied the doctrine of amelioration to the issue of good time credit for Cottingham while he was on home detention. The judges remanded for the trial court to determine his credit class for good time credit purposes during home detention, to calculate the good time credit to which he is entitled, and to adjust his sentence accordingly.

The justices denied transfer to 25 cases.  

 

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  1. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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