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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. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  2. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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