Opinions Oct. 20, 2017

Keywords Opinions

Indiana Supreme Court
Richard D. Shepard v. State of Indiana

Criminal. Reverses the Vigo Superior Court’s determination of the good time credit Richard Shepard earned while in a community corrections program. Finds the community correction director lacked authority to deprive Shepard of good time credit earned. Remands to the trial court with instructions to recalculate Shepard’s credit time.

Indiana Court of Appeals
Terry A. Benyon v. State of Indiana (mem. dec.)

Criminal. Reverses Terry Benyon’s conviction for Level 6 felony theft. Finds the evidence was insufficient to support Benyon’s felony theft conviction. Remands with instructions to the Marion Superior Court to enter judgment of theft as a Class A misdemeanor, sentence him accordingly and continue to treat the sentence for felony theft as suspended to probation. Also finds Benyon’s sentence in all other respects is not inappropriate in light of the nature of the offenses or his character.

Allyson B. Allen v. State of Indiana (mem. dec.)
Criminal. Affirms the Hancock Superior Court’s finding that Allyson B. Allen violated the terms of her probation and order that she serve her previously-suspended 365-day sentence in the Hancock County Jail. Finds the trial court did not deny Allen’s statutory right to counsel in a probation revocation proceeding, and that she was informed of her right to counsel and had counsel at the revocation hearing. Also finds Allen failed to demonstrate the trial court applied the wrong burden of proof.

Joseph E. Haselden v. State of Indiana (mem. dec.)
Criminal. Affirms Joseph E. Haselden’s conviction of operating a vehicle while intoxicated as a Class A misdemeanor. Finds the magistrate judge had a substantial basis for concluding that probable cause of Haselden’s intoxication ensued, so Haselden. has not shown the Hendricks Circuit Court abused its discretion by admitting into evidence his toxicology report.

Michael P. Swygart v. State of Indiana (mem. dec.)
Criminal. Affirms Michael Swygart’s multiple convictions of sexual misconduct against his stepdaughter, I.H. Finds the evidence was sufficient to sustain Swygart’s convictions. Also finds the trial court did not abuse its discretion in sentencing Swygart, and his sentence to an aggregate of 26 years is not inappropriate.

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