Opinions Dec. 8, 2014

December 8, 2014

The following Indiana Supreme Court opinion was posted after IL deadline Friday:
In the Matter of the Honorable Mickey K. Weber, Judge of the Clarksville Town Court
Discipline. Issues public reprimand of Clarksville Town Court judge and orders Weber’s resignation as judge, effective Dec. 31. Weber had pleaded guilty to criminal mischief in the second degree and operating a motor vehicle while under the influence of alcohol following an accident in Louisville, Kentucky in January 2014. Weber is not allowed to hold judicial office again until he successfully completes an approved treatment plan and two-year monitoring agreement with the Judges and Lawyers Assistance Program.

Monday’s opinions
Indiana Court of Appeals
Randal L. Young v. Indiana Department of Correction, Bruce Lemmon, David J. Donahue, Stanley Knight, et al.
Miscellaneous. Affirms the DOC’s policy concerning the restoration of credit time for inmates, which says the credit time sought must be credit time that was deprived during the offender’s current sentence. The policy does not result in disparate treatment and does not unconstitutionally discriminate against offenders who are ordered to serve consecutive sentences.

Brian S. Adcock v. State of Indiana
Post conviction. Reverses denial of petition for post-conviction relief. Adcock’s appellate counsel was ineffective for failing to challenge the sufficiency of the evidence against him on direct appeal. Remands for the granting of his petition and the vacating of his convictions for two counts of Class A felony child molesting and two counts of Class B felony sexual misconduct with a minor.

Terry L. LaCroix v. State of Indiana (NFP)
Criminal. Affirms convictions of four counts of Class A felony child molesting, but revises his sentence to concurrent 40-year terms with 35 years executed and five years suspended to probation on all counts.

Richard Edwards v. State of Indiana (NFP)
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Clay Michael Howard v. State of Indiana (NFP)
Criminal. Affirms denial of motion to withdraw guilty plea, but reverses sentence in part and remands for revision. It was erroneous to impose one year of home detention in excess of the executed portion of the term because it contravened the terms of the plea agreement.

Jonathan Maynard v. State of Indiana (NFP)
Criminal. Reverses convictions of Class C felony attempted child molesting and Class B misdemeanor battery and remands with instructions to vacate them based on double jeopardy violations. Affirms conviction of Class C felony child molesting.

Calvin Sarver v. State of Indiana (NFP)
Criminal. Affirms sentence following guilty plea to Class B felony burglary.

Mark Robinson v. State of Indiana (NFP)
Criminal. Affirms conviction of Class D felony theft.