`

Opinions July 24, 2017

July 24, 2017

The following Indiana Supreme Court opinions were posted after IL deadline Friday:
Rodney J. McGuire v. State of Indiana
09S02-1707-CR-491
Criminal. Remands Rodney McGuire’s case for resentencing. Finds Indiana Code Section 35-50-2-2(i) does not change the minimum sentence for McGuire’s Class A felony child molesting conviction from 20 to 30 years. Judge Mark Massa dissents with separate opinion.

Indiana Alcohol and Tobacco Commission v. Spirited Sales, LLC
49S00-1611-PL-614
Civil plenary. Reverses the Marion Superior Court’s order directing the Indiana Alcohol and Tobacco Commission to issue Spirited Sales, LLC a liquor wholesaler’s permit and reinstates the commission’s order denying the permit. Finds the commission’s denial conformed to the statute’s plain language, and the commission did not act arbitrarily or capriciously in initially denying Spirited’s request. Also finds the commission’s denial was not based on political grounds. Finally, declines Spirited’s invitation to affirm the trial court on constitutional grounds. Justice Mark Massa did not participate.

Monday’s opinions
Indiana Court of Appeals

Kenneth Cronin v. State of Indiana (mem. dec.)
62A01-1703-PC-624
Post-conviction. Affirms the denial of Kenneth Cronin’s petition for post-conviction relief. Finds Cronin has failed to meet his burden of showing he received ineffective assistance of trial and appellate counsel. Also finds Cronin’s due process claim is barred by res judicata.

C.S. v. J.J., et al. (mem. dec.)
64A03-1608-AD-1886
Adoption. Grants C.S.’s petition for rehearing for the limited purposes of vacating any portion of a May 16, 2017 memorandum opinion indicating the cause should be remanded for the purpose of performing a criminal history check on J.J. Accept C.S.’s concession that the required criminal history check ordered on remand has already been performed on J.J. Affirms the judgment of the adoption court in all other respects.


 

ADVERTISEMENT