`

Opinions Nov. 10, 2015

November 10, 2015

Indiana Supreme Court
John Hernandez v. State of Indiana
49S02-1511-CR-644
Criminal. Holds it was an error for the trial court to have refused giving Hernandez’s tendered final jury instruction on the defense of necessity because Hernandez presented some evidence to support the instruction. Vacates Hernandez’s Class A misdemeanor conviction of carrying a handgun without a license and remands for a new trial.

Kevin Gertiser v. Anne Stokes f/k/a Gertiser
29S02-1511-DR-643
Domestic relation. Affirms trial court conclusion that a disabled former wife’s remarriage had changed her finances, but not substantially enough to warrant revoking spousal maintenance. The evidence supports the trial court’s finding. Also affirms award of attorney fees in favor of the former wife.

Indiana Court of Appeals
State of Indiana v. Justin Bazan
55A01-1506-CR-737
Criminal. Affirms grant of Bazan’s motion to dismiss charges of Level 6 felonies operating a vehicle while intoxicated endangering a person with a prior conviction within five years and operating a vehicle while intoxicated with a prior conviction within five years. Bazan’s 2014 conviction of operating a vehicle while impaired in New York cannot serve as the basis to bring enhanced drunken-driving charges against him because the New York statute is not substantially similar to the elements of a crime described in Indiana Code

In the Matter of the Guardianship of B.W.; E.W. v. L.G.
40A01-1501-GU-27
Guardianship. Reverses grant of great aunt’s petition for guardianship over B.W. after C.F.’s guardianship of the child was terminated. The findings fail to support the judgment that the great aunt has overcome the presumption in favor of the girl’s mother by clear and convincing evidence.

Anthony Davis v. State of Indiana (mem. dec.)
03A05-1412-CR-592
Criminal. Affirms revocation of probation and order that Davis serve the remainder of his three-year suspended sentence in the Department of Correction.

Scott D. Hartman v. State of Indiana (mem. dec.)

90A05-1503-CR-99
Criminal. Affirms convictions and eight-year sentence in the Department of Correction for Class D felony theft and Class A misdemeanor driving while suspended, as well as finding Hartman is a habitual offender.

Payton Jarrard v. State of Indiana (mem. dec.)
79A02-1503-CR-159
Criminal. Affirms conviction of Level 1 felony child molesting.

Lennard Coleman, Sr. v. State of Indiana (mem. dec.)
79A05-1506-CR-635
Criminal. Affirms denial of Coleman’s motion to correct erroneous sentence.

Donald S. Adcock v. State of Indiana (mem. dec.)
20A03-1504-PC-147
Post conviction. Affirms denial of petition for post-conviction relief, concluding that Adcock’s counsel was not ineffective and his guilty plea was not made involuntarily.

Kevin L. Simons v. State of Indiana (mem. dec.)
43A04-1501-CR-10
Criminal. Affirms convictions and six-year, nine-month sentence for Class C felony operating a vehicle as a habitual traffic violator; Class B misdemeanor battery; Class A misdemeanor resisting law enforcement; and Class D felony operating a vehicle while intoxicated.

Artie Pence v. State of Indiana (mem. dec.)
27A05-1410-CR-488
Criminal. Affirms order that Pence must sell his primary residence to use any net proceeds to pay restitution.

Stacey Yuron Hart v. State of Indiana (mem. dec.)
82A01-1411-CR-472
Criminal. Affirms convictions and sentence for Level 3 felony dealing in methamphetamine; Level 6 felony possession of a narcotic; Class A misdemeanor possession of paraphernalia; and Hart’s adjudication as a habitual offender.

Garrick J. Troupe v. State of Indiana (mem. dec.)

45A03-1503-CR-113
Criminal. Affirms conviction of Class B felony aggravated battery.

Sean R. Schaffer v. State of Indiana (mem. dec.)

15A01-1504-CR-136
Criminal. Affirms conviction following guilty plea to Level 6 felony official misconduct, rejecting Schaffer’s argument that his conviction is void because no written plea agreement was properly filed with the court.
 
William McNeal v. State of Indiana (mem. dec.)
49A02-1503-CR-130
Criminal. Affirms conviction of Class D felony resisting law enforcement.

Matthew Mason v. State of Indiana (mem. dec.)
71A05-1502-CR-71
Criminal. Affirms conviction of Class C felony carrying a handgun without a license within 1,000 feet of school property.

Nathan Scott Davis v. State of Indiana (mem. dec.)
25A03-1507-CR-909
Criminal. Affirms sentence of one year in Fulton County Jail following guilty plea to Class A misdemeanor battery resulting in bodily injury.
 

ADVERTISEMENT