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Justices accept 4 cases

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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.
 

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  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

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