ILNews

Justices adopt appellate court findings

Back to TopE-mailPrintBookmark and Share

The Indiana Supreme Court issued a pair of short per curiam opinions on Thursday afternoon that adopt what the Indiana Court of Appeals decided on two criminal appeals.

Those opinions came in the cases of Curtis Outlaw v. State, No. 49S02-1006-CR-328; and Steven Marbley-El v. State, No. 71S03-1006-PC-329.

In Outlaw, the justices agreed with the appellate panel in reversing an Indianapolis man’s conviction for a Class A misdemeanor of operating a vehicle while intoxicated “in a manner that endangers a person.” The state had argued that evidence of intoxication should be sufficient to prove “endangerment,” which was the case before the General Assembly revised Indiana Code §9-30-5-2 in 2001. But the appellate court disagreed and rejected that argument and the conviction, which Curtis Outlaw had received a 365-day sentence for.

In Marbley-El, the court granted the transfer petition and summarily affirmed the Court of Appeals on a post-conviction case from St. Joseph Superior. Steven Marbley-El argued that he should have received a jury trial because his sentence was enhanced beyond the four year advisory to six years, based on Blakey v. Washington, 542 U.S. 296, 124 S. Ct. 2531 (2004) and Smylie v. State, 823 N.E.2d 679 (Ind. 2005). But the justices said those rulings don’t apply here because Marbley-El committed the robbery after lawmakers enacted the present “advisory” sentencing scheme.
 

ADVERTISEMENT

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  2. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  3. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

  4. I was incarcerated at that time for driving while suspended I have no felonies...i was placed on P block I remember several girls and myself asking about voting that day..and wasn't given a answer or means of voting..we were told after the election who won that was it.

  5. The number one way to reduce suffering would be to ban the breeding of fighting dogs. Fighting dogs maim and kill victim dogs Fighting dogs are the most essential piece of dog fighting Dog fighting will continue as long as fighting dogs are struggling to reach each other and maul another fih.longaphernalia

ADVERTISEMENT