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Opinions May 3, 2017

May 3, 2017

The following opinions were posted after IL deadline Tuesday:
7th Circuit Court of Appeal
United States of America v. Sealed Defendant Juvenile Male (4)
16-3311
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Dismisses M.G.’s appeal of the district court’s order that he submit to a psychological examination to determine if his case can be transferred for adult prosecution. Finds the 7th Circuit does not have jurisdiction to hear the appeal.

Indiana Supreme Court
Mark Leonard v. State of Indiana
71S00-1509-LW-539
Life without parole. Affirms Mark Leonard’s convictions of two counts of murder and his two consecutive sentences to life without parole. Finds the evidence is sufficient to sustain Leonard’s murder convictions and the state proved the (b)(11) aggravator beyond a reasonable doubt. Holds Indiana’s life without parole statute is not unconstitutional. Finally, finds the trial court did not abuse its discretion in admitting a recorded statement into evidence.

Wednesday opinions
Indiana Court of Appeals
Mohinder Singh v. State of Indiana (mem. dec.)
41A05-1606-CR-1405
Criminal. Affirms Mohinder Singh’s conviction of operating a motor vehicle while intoxicated in a manner endangering a person as a Class A misdemeanor. Finds the Johnson Superior Court did not abuse its discretion in admitting evidence.

Corey Amond Wharton v. State of Indiana (mem. dec.)
82A05-1609-CR-2244
Criminal. Affirms Corey Wharton’s convictions for theft as a Level 6 felony and resisting law enforcement as a Class A misdemeanor. Finds Wharton’s waiver of counsel was made voluntarily and intelligently.

Wesley A. Barnes v. State of Indiana (mem. dec.)
65A05-1611-CR-2727
Criminal. Affirms Wesley A. Barnes’ conviction of possession of a controlled substance as a Class A misdemeanor. Finds that under the plain language of Indiana Code 35-48-4-7, the Posey Circuit Court did not err in concluding Barnes failed to prove his defense of possessing the pills pursuant to a valid prescription.

Termination: K.R., et al. v. Indiana Department of Child Services (mem. dec.)
34A05-1612-JT-2878
Juvenile termination of parental rights. Affirms the termination of K.R. and T.R.’s parental rights to D.D., N.R. and T.R. Jr. Finds the juvenile court did not err in concluding that the conditions leading to the children’s removal from and continued placement outside of the parents’ care were unlikely to be remedied.

Elgin Andrew Fidell v. State of Indiana (mem. dec.)
49A04-1606-CR-1389
Criminal. Affirms Elgin Fidell’s conviction of Level 5 felony battery and his sentence to an aggregate of six years, with one year suspended to probation. Finds the state presented sufficient evidence that Fidell committed Level 5 felony battery and that his sentence is not inappropriate based on his character or the nature of the crime.

Charles Freeland v. Keith Butts (mem. dec.)
33A01-1608-MI-1986
Miscellaneous. Affirms the Henry Circuit Court’s summary disposition of Charles Freeland’s petition for writ of habeas corpus. Finds the trial court did not err when it denied Freeland’s petition because his sentence for his molest conviction was not discharged. Also finds Freeland began parole for the molest conviction on April 27, 2015, and was, therefore, on parole when the Parole Board revoked his parole on May 12, 2016. Remands for the correction of the date on Freeland’s revocation statement.

 

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