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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. 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.

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