ILNews

Justices accept 4 cases

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court took four cases for the week ending Jan. 7, including a case in which a convicted child molester asked for his sentence to be reduced but ended up having it ordered to be increased due to a sentencing error.

In Donald Pierce v. State of Indiana,  No. 13S04-1101-CR-7, the Indiana Court of Appeals affirmed Donald Pierce’s convictions of three counts of Class A felony child molesting and one count of Class C felony child molesting. Pierce appealed his convictions and original 124-year sentence. The judges found a sentencing error and remanded with instructions to attach Pierce’s fixed 10-year term for being a repeat sexual offender to one of his Class A felony sentences for an aggregate sentence of 134 years.

In Nathan D. Brock v. State of Indiana, No. 38S02-1101-CR-8, the Court of Appeals affirmed Nathan Brock’s conviction of Class C felony operating a motor vehicle after forfeiture of license for life. He argued his convictions violated double jeopardy because the trial court granted the state’s request for a mistrial at the close of the first trial in absence of a manifest necessity to do so, and then it allowed the state to retry him, which resulted in his conviction. The mistrial and retrial didn’t violate double jeopardy, the judges ruled.

In Debra L. Walker v. David M. Pullen, No. 64S05-1101-CT-6, the Court of Appeals affirmed the grant of David Pullen’s motion to correct error after a jury verdict. Debra Walker’s car hit Pullen’s vehicle as they were waiting in a drive-thru lane. Pullen, who had pain after the accident, sued Walker for negligence. The jury originally awarded him $10,070, but he filed a motion to correct error because he believed the verdict was contrary to the evidence. The trial court granted the motion and ordered a new trial on damages only.

In D.M. v. State of Indiana, No. 49S02-1101-JV-11, the Court of Appeals affirmed the finding that D.M. was delinquent for committing what would be Class B felony burglary and Class D felony theft if committed by an adult. He argued the juvenile court erred by admitting his statement to police into evidence because he didn’t have the opportunity for a meaningful conversation with his mother before waiving his rights and that neither the waiver nor his subsequent statement were voluntarily made.
 

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. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

ADVERTISEMENT