Opinions June 17, 2015

June 17, 2015

Indiana Supreme Court
Robert Lewis III v. State of Indiana
Life without parole. Affirms Lewis’ convictions of murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct and resisting law enforcement, but reverses the sentence of life without possibility of parole because the trial court’s sentencing order did not contain a personal conclusion that life without possibility of parole is the appropriate sentence for Lewis. Remands for a revised sentencing order.

Indiana Court of Appeals
Kevin A. Ammons v. State of Indiana
Criminal. Affirms denial of petition to remove Ammons’ designation as a sexually violent predator and the accompanying requirement that he register as a sex offender for life. Ammons has not carried his burden of showing that the Indiana Sex Offender Registry Act as applied to him violates the Indiana constitutional prohibition against ex post facto laws. Judge Barnes dissents with opinion.

Gerald A. Kemper v. State of Indiana
Criminal. Reverses conviction and sentence for Class B felony conspiracy to commit robbery while armed with a deadly weapon based on insufficient evidence. Affirms convictions and remaining 40-year sentence for Class B felonies robbery resulting in bodily injury and unlawful possession of a firearm by a serious violent felon.

Mariea L. Best v. Russell C. Best (mem. dec.)
Domestic relation. Reverses $118,000 attorney fee award and remands to the dissolution court for the recalculation of the attorney fees to be paid by Mariea Best. Affirms stayed jailed sentence imposed by the court for a finding of contempt against Mariea Best.

In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)
Juvenile. Affirms order awarding legal custody and primary physical custody of child to father.

John Hernandez v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.

Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)
Miscellaneous. Affirms denial of petition to be released from the Sex Offender Registry Act’s registration requirement and removed from the state’s sex offender registry.

M.B. v. State of Indiana (mem. dec.)
Juvenile. Affirms true finding of robbery and adjudication of M.B. as a delinquent.

Jonathon Gustafson v. State of Indiana (mem. dec.)
Criminal. Affirms 20-year executed sentence for convictions of three counts of Class B felony burglary.

Richard Dean Martin v. State of Indiana (mem. dec.)
Post conviction. Remands with instructions to revise Martin’s sentence on Count III of Class A felony child molesting to a 30-year term, to be served concurrently. Affirms in all other respects.

Etelvina Abrego v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Class A misdemeanor battery.

Jesse J. Barger v. State of Indiana (mem. dec.)
Criminal. Affirms denial of motion for modification of sentence.