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Opinions Feb. 23, 2017

February 23, 2017

Indiana Court of Appeals
Jay F. Vermillion v. State of Indiana (mem. dec.)
84A04-1604-PC-900
Post-conviction. Reverses the dismissal of Jay Vermillion’s petition for post-conviction relief. Finds the post-conviction court abused its discretion in dismissing Vermillion’s action without holding a hearing as required by Trial Rule 41(E). Remands for either a Trial Rule 41(E) hearing or reinstatement of his action.

Ricky L. Allen v. State of Indiana (mem. dec.)
02A03-1508-CR-1120
Criminal. Affirms Ricky Allen’s conviction for Level 5 felony battery. Finds Allen’s speedy trial rights were not violated and the Allen Superior Court properly admitted depositions of Canethia Allen and Tonia Freeman in lieu of their testimony. Also finds that the trial court properly denied Allen’s motion to dismiss and properly calculated his credit time. Finally, finds the evidence is sufficient to sustain Allen’s convictions.

 

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