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Opinions Dec. 19, 2016

December 19, 2016

The following Indiana Supreme Court opinions were posted after IL deadline:
State of Indiana v. Frank Hancock
39S05-1604-CR-182
Criminal. Reverses Jefferson Superior Court’s dismissal of Frank Hancock’s charges of Level 4 felony possession of a firearm by a serious violent felon because the elements of the Ohio residential burglary statute were not substantially similar to Indiana’s statute. Finds that the statutes were substantially similar. Justice Steven David dissents with separate opinion.

Kyle Bess v. State of Indiana
09S02-1609-CR-484
Criminal. Grants rehearing from the court’s opinion to deny Kyle Bess’ request seeking relief under Indiana Appellate Rule 7(B) to correct the fact that his niece did not sit on his lap. Reaffirms original opinion to deny his request for relief in all other respects.

Monday’s opinions
Indiana Court of Appeals
Tyrone D. Payton v. State of Indiana (mem. dec.)
22A01-1605-CR-980
Criminal. Affirms the revocation of Tyrone Payton’s probation. The trial court properly revoked his probation and ordered him to serve four years of his previously suspended sentence.

Michael D. Hickingbottom v. State of Indiana (mem. dec.)
45A05-1606-CR-1362
Criminal. Affirms denial of Michael Hickingbottom’s motion to correct erroneous sentence. The trial court did not abuse its discretion in denying the motion.

Christa Spinks v. State of Indiana (mem. dec.)
32A04-1605-CR-1165
Criminal. Affirms Christa Spinks’ conviction of Level 6 felony theft, citing sufficient evidence.

Carlos D. Bell v. State of Indiana (mem. dec.)
02A03-1606-CR-1242
Criminal. Affirms Carols Bell’s conviction of Level 5 felony battery, finding sufficient evidence to support the conviction for battery by means of a deadly weapon.

 

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