Opinions April 24, 2017

Keywords Opinions

The following Indiana Supreme Court opinion was posted after IL deadline Friday:
Corey Middleton v. State of Indiana
Post conviction. Grants transfer and summarily affirms the Indiana Court of Appeals’ decision denying post-conviction relief to Corey Middleton, with the exception of the court’s misstatement of the prejudice standard in Strickland v. Washington. The COA found Middleton had “not established that but for counsel’s error, the result of the proceeding would have been different,” but the justices noted the standard is “to demonstrate prejudice from counsel’s performance, a petitioner need only show ‘a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.’”

Monday's opinions
Indiana Court of Appeals
Willie Dixon v. State of Indiana (mem. dec.)
Criminal. Affirms Willie Dixon’s conviction for resisting law enforcement as a Class A misdemeanor. Finds Officer Babacar Diouf’s action of pulling his car in front of Dixon’s and trying to “cut him off” constituted an order to stop under Indiana Code 35-44.1-3-1(a)(3). Also finds that given the fact that Dixon was violating Indiana Code 9-21-17-14, his argument that he did not have a duty to stop when Diouf ordered him to do so necessarily fails.

Frank E. Suggs, Jr. v. State of Indiana (mem. dec.)
Criminal. Affirms the revocation of Frank E. Suggs Jr.’s probation for leaving a sober-living facility. The records show that the Vigo Superior Court gave Suggs time to find another facility or to qualify for home detention, but that after five months he had done neither.

David Lyons v. State of Indiana (mem. dec.)
Post conviction. Affirms the denial of David Lyons’ petition for post-conviction relief. Finds Lyons is foreclosed from raising several arguments on post-conviction appeal because he failed to raise the same claims on direct appeal of his convictions of five counts of Class A felony child molesting. Also finds Lyons has not supported any of his arguments with citations to record as required by Indiana Appellate Rule 46(A)(8)(a).

Dennis James Draper III v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part the amount of pretrial credit time granted to Dennis James Draper III. Finds Draper is not entitled to the requested credit time for the period between June 28, 2010 and July 9, 2013, but that he is entitled to the requested credit time for the period between July 18, 2013 and July 28, 2013, and for the period between July 31, 2015 and January 4, 2016. Remands with instructions to the Porter Superior Court to revise its sentencing order to reflect the additional pre-trial credit.

Mark D. Speer v. State of Indiana (mem. dec.)
Criminal. Affirms Mark D. Speer’s conviction of attempted child molesting as a Class A felony and child molesting as a Class C felony. Finds the charging information alleging attempted child molesting was sufficient. Also finds the state presented sufficient evidence from which the jury could have concluded that Speer knowingly took a substantial step toward engaging in deviate sexual conduct with the naked three-year-old child.

Termination: M.F. v. Indiana Department of Child Services (mem. dec.)
Juvenile termination of parental rights. Affirms the termination of M.F.’s parental rights to his child, J.F.  Finds the Dearborn Circuit Court’s unchallenged findings support its conclusions.

William G. Culler v. State of Indiana (mem. dec.)
Criminal. Affirms two of William Culler’s convictions for Class A felony child molesting. Finds the evidence is sufficient to sustain the convictions and that any error in admitting challenged evidence did not amount to fundamental error.

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