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Opinions May 18, 2017

May 18, 2017
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Indiana Court of Appeals
Deundre Rashad Kearney v. State of Indiana (mem.dec.)
45A03-1611-CR-2657
Criminal. Affirms Deundre R. Kearney’s conviction of Level 3 felony armed robbery. Finds the evidence sufficiently established Kearney committed the robbery.

Darius Dashawn Anderson v. State of Indiana (mem. dec.)
71A04-1611-CR-2693
Criminal. Affirms Darius Anderson’s conviction for two counts of Level 3 felony attempted robbery. Finds the evidence is sufficient to support Anderson’s convictions.

Robert Jeffers v. Keith Butts (mem. dec.)
33A05-1611-MI-2536
Miscellaneous. Reverses the dismissal of Robert Jeffers’ pro se petition for writ of habeas corpus relief in which he claimed he had been improperly denied two years of educational credit time for completion of a bachelor’s degree. Finds the Department of Correction may not unilaterally and retroactively void credits that have already been accepted and applied toward an offender’s degree. Remands with instructions to the Henry Circuit Court to send the case to the DOC for a review and determination of whether Grace College originally accepted and transferred all of Jeffers’ academic credits earned from Ball State University and, if so, to determine whether with those credits Jeffers has completed the requirements for a bachelor’s degree, as well as the other statutory requirements for earning the educational credit.

Casey Mae Measles v. State of Indiana (mem. dec.)
46A03-1607-CR-1635
Criminal. Affirms Casey Mae Measles’ sentence to an 11-year term in the Department of Correction for her conviction of Level 3 felony aggravated battery. Finds the LaPorte Circuit Court acted within its discretion in sentencing Measles. Also finds Measles has failed to prove that her 11-year sentence is inappropriate in light of the nature of her offense and her character.

Shane Weedling v. State of Indiana (mem. dec.)
50A03-1611-CR-2544
Criminal. Affirms Shane E. Weedling’s 65-year sentence for murder. Finds the sentence is not inappropriate.

Indiana Bureau of Motor Vehicles and the State of Indiana v. Adam Staton (mem.dec)
57A03-1608-MI-1946
Miscellaneous. Affirms the Noble Superior Court’s order granting specialized driving privileges to Adam Staton. Finds any challenge based upon whether the lifetime suspension was administratively issued or court-ordered is waived because it was not timely made.

Robert E. Claudio v. State of Indiana (mem. dec.)
85A02-1611-CR-2709
Criminal. Affirms Robert E. Claudio’s conviction for Level 5 felony dealing in a narcotic drug. Finds Claudio has failed to preserve his challenge to Juror 10. Also finds the evidence is sufficient to support his conviction.
 

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  1. Don't we have bigger issues to concern ourselves with?

  2. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  3. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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