ILNews

Plea agreement, child support issues granted transfer

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.

In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court's calculation of Timothy's child support obligation. The appellate court found the trial court erroneously calculated Timothy's weekly gross income, and remanded the trial court to add $100 to his weekly gross income and recalculate the amount of income to be imputed to Marla; the COA also ordered Timothy's child support obligation to be recalculated.

Two of the transferred cases - Anthony A. Hopkins v. State, No. 49A05-0705-PC-279, and State v. Michael A. Cozart, No. 22A01-0704-PC-183 - deal with plea agreements. Hopkins appealed the post-conviction court's denial of one of his claims for post-conviction relief, contending the court erred in failing to advise him of his Boykin rights, which caused his guilty plea to be involuntary and unintelligent. The Court of Appeals ordered his guilty plea vacated because the trial court only advised him of his right to trial by jury; because Hopkins admitted to the habitual offender enhancement, the COA ruled he did plead guilty to being a habitual offender.

In Cozart, the Court of Appeals affirmed the post-conviction court's order granting Cozart's petition for post-conviction relief, ruling Cozart didn't plead guilty knowingly and voluntarily. The state argued the trial court was not required to advise Cozart regarding the effect his prior felony convictions would have on the court's authority to suspend a portion of the minimum sentence he faced after pleading guilty. Cozart claimed he didn't understand the trial court was without discretion to suspend any of the minimum sentence he faced because of his prior convictions.

The three other cases granted transfer involve sex offenders - In the Matter of J.C.C., No. 49A02-0403-JV-266; Richard P. Wallace v. State of Indiana, No. 49A02-0706-CR-498; and Todd L. Jensen v. State of Indiana. All three ask the high court to decide on matters regarding registering as a sex offender. (A story in today's Indiana Lawyer Daily includes more information about these cases.)
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  1. 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

  2. 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.

  3. 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.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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