Opinions Oct. 21, 2014

Keywords neglect / Opinions
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Note: This has been updated to reflect Harris v. State is a for publication decision.

Indiana Court of Appeals
Gary A. Gallien v. State of Indiana
Post-conviction. Reverses denial of post-conviction relief due to defense attorney’s failure to raise the issue of maximum consecutive sentences under I.C. 35-50-1-2. The majority held Gallien was prejudiced by his defender’s failure to raise the issue regarding burglaries that were “closely related in time, place, and circumstance.” Dissenting judge Cale Bradford agreed with the majority’s analysis but would affirm the trial court because he didn’t believe Gallien was prejudiced by his counsel’s failure to raise the issue.

Georon Harris v. State of Indiana
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a permit. Finds Harris’ Fourth Amendment and Article 1, Section 11 rights were not violated when officers opened the door of an apartment to retrieve the gun placed on the floor inside as officers watched.

Fredrick Dabner v. State of Indiana (NFP)
Criminal. Affirms two-and-a-half-year sentence for Class D felony strangulation.

Ronnie Jackson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Loren Mack v. State of Indiana (NFP)
Criminal. Affirms aggregate 10-year sentence for four counts of Class C felony fraud on a financial institution.

Derrick Runell Woods v. State of Indiana (NFP)
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug.


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