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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. vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!

  2. Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.

  3. With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.

  4. Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone

  5. John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.

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