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Justices take case arguing retroactivity for revised criminal code

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A man convicted of cocaine charges as a Class A felony and ultimately sentenced to 38 years in prison will get to argue to the Indiana Supreme Court that his punishment is disproportionate to the reduced offense that will take effect in July as part of Indiana’s revised criminal code.

Justices granted transfer in the Shelby County case, Christopher Cross v. State of Indiana, 73S01-1401-CR-29. The revised criminal code, enacted in 2013 via House Enrolled Act 1006, removes cocaine possession and dealing charges from the category of crime with the highest sentencing range.

The Court of Appeals rejected Cross’ argument, holding that nothing in HEA 1006 suggests that the criminal code revision should be applied retroactively.

Justices also agreed to hear Nick McIlquham v. State of Indiana, 49S05-1401-CR-28, a Fourth Amendment case. McIlquham challenges his conviction of Class B felony unlawful possession of a firearm by a serious violent felon, Class D felony neglect of a dependent and misdemeanor marijuana counts, arguing the results of a search should have been excluded at trial.

Police conducted a warrantless search of McIlquham’s apartment because of concerns about the welfare of his young, partially nude daughter found wandering alone near a retention pond. The search turned up a loaded pistol and marijuana, and the Court of Appeals affirmed his convictions, holding the search was objectively reasonable under the circumstances as part of police community-caretaking duties.  

The Supreme Court also will hear a not-for-publication opinion involving a biological mother’s denial of a motion for relief from an adoption judgment. That case is In the Matter of the Adoption of C.A.H., minor, J.N.E. v. L.M.H., 49S02-1401-AD-30.

Justices also declined to grant transfer in 22 cases. Weekly transfer disposition reports may be viewed here.
 

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  1. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  2. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  3. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  4. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  5. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

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