ILNews

Split COA reverses its original decision on rehearing

Back to TopCommentsE-mailPrintBookmark and Share

Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.

The Court of Appeals issued its opinion granting rehearing on the issue of restitution only in Adam Morris v. State of Indiana, 14A05-1209-CR-495.
 
Morris pled guilty to a Class A misdemeanor operating while intoxicated after his fiancée was thrown and killed from the ATV he was driving. The trial court then ordered Morris to pay nearly $15,000 toward burial expenses.

However, the Court of Appeals ruled in Morris v. State, 985 N.E. 2d 364 (Ind. Ct. App. 2013) that the trial court lacked the authority to order Morris to pay because the plea agreement did not contain any language about restitution.

On rehearing, the Court of Appeals followed Huddleston v. State, 764 N.E. 2d 655 (Ind. Ct. App. 2002) and Gil v. State, 988 N.E. 2d 1231 (Ind. Ct. App. 2013) and determined Morris’s plea was entirely open which gave the trial court discretion to order restitution.

“Despite our grant of rehearing and ultimate affirmance of the restitution award, we still wish to emphasize that plea agreements ideally should be more artfully drafted in cases such as this if the State wishes to seek restitution,” Judge Michael Barnes wrote for the majority.

Judge John Baker dissented. He noted the trial court’s order of restitution pertained to the charge -operating a vehicle with a blood alcohol equivalent of .08 or more causing death, a Class C felony - was dismissed under the plea agreement. He asserted the Court of Appeals’ original ruling was correct and voted to deny the state’s petition for rehearing.

He did agree with the majority’s call that plea agreements should be more artfully drafted.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. 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???

  3. 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?

  4. 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

  5. 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.

ADVERTISEMENT