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Supreme Court takes 4 cases

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The Indiana Supreme Court has granted transfer to four cases, including two cases dealing with double jeopardy issues.

In Michael Sharp v. State of Indiana, No. 12S02-1109-CR-544, the Indiana Court of Appeals affirmed Michael Sharp’s convictions of and sentence for Class A and Class C felony child molesting. His convictions on both charges didn’t violate double jeopardy standards because each offense required additional proof not used to support the other. The Court of Appeals also concluded that a defendant’s credit restricted felon status can’t be taken into consideration on Indiana Appellate Rule 7(B) review.  

In Jerrell D. White v. State of Indiana, No. 15S01-1109-CR-545, the Court of Appeals affirmed Jerrell White’s conviction of Class D felony theft for stealing a cash register and cash from a restaurant, but reversed his conviction of Class D felony receiving stolen property because of double jeopardy violations. The judges also found insufficient evidence to support a habitual offender finding. They affirmed White’s remaining three-year sentence on the theft conviction and remanded with instructions.

On a rehearing petitioned for by the state, the appellate court remanded to the trial court with instructions that it rehear evidence on the habitual offender enhancement, and affirmed its original decision in all other respects.

In Michael W. Baker v. State of Indiana, No. 89S01-1109-CR-543, the Court of Appeals in a not-for-publication decision reversed Michael Baker’s conviction of Class B felony burglary as well as the determination that he’s a habitual offender. The judges ordered an entry of judgment of conviction for criminal trespass and sentence on that offense.

In Michael B. Adams v. State of Indiana, No. 29S02-1109-CR-542, the COA affirmed Michael Adams’ conviction of Class A misdemeanor possession of marijuana and the decision by the trial court to suspend his license and registration. Adams was a passenger in a car pulled over for speeding, and the police officer could smell raw marijuana coming from the car when Adams rolled down his window. There was sufficient evidence to support the conviction, and the license and registration suspensions were appropriate under Indiana Code 35-48-4-15.  

The justices also denied transfer to 23 cases for the week ending Sept. 9.

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  1. Is it possible to amend an order for child support due to false paternity?

  2. He did not have an "unlicensed handgun" in his pocket. Firearms are not licensed in Indiana. He apparently possessed a handgun without a license to carry, but it's not the handgun that is licensed (or registered).

  3. Once again, Indiana's legislature proves how friendly it is to monopolies. This latest bill by Hershman demonstrates the lengths Indiana's representatives are willing to go to put big business's (especially utilities') interests above those of everyday working people. Maassal argues that if the technology (solar) is so good, it will be able to compete on its own. Too bad he doesn't feel the same way about the industries he represents. Instead, he wants to cut the small credit consumers get for using solar in order to "add a 'level of certainty'" to his industry. I haven't heard of or seen such a blatant money-grab by an industry since the days when our federal, state, and local governments were run by the railroad. Senator Hershman's constituents should remember this bill the next time he runs for office, and they should penalize him accordingly.

  4. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  5. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

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