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Opinions July 2, 2018

July 2, 2018

The following Indiana Supreme Court opinions were posted after IL deadline on Friday:
Brian L. Paquette v. State of Indiana

63S04-1709-CR-570
Criminal. Reverses two of Brian Paquette’s three conviction for felony resisting law enforcement. Finds Indiana Code section 35-44.1-3-1 authorizes only one conviction for felony resisting law enforcement where the defendant engages in a single act of resisting while operating a vehicle that causes multiple deaths. Remands for revised sentencing.

Matthew Edmonds v. State of Indiana
18S-CR-50
Criminal. Reverses two of Matthew Edmonds’ level 5 felony resisting law enforcement convictions and affirms his remaining convictions. Finds Indiana Code section 35-44.1-3-1 permits only one conviction, the highest chargeable offense, where a defendant engages in a single instance of resisting law enforcement while using a vehicle and causes both death and serious bodily injury. Remands for resentencing.

Indiana Court of Appeals
Anthony Wise v. State of Indiana (mem. dec.)

54A01-1711-CR-2710
Criminal. Affirms Anthony Wise’s conviction of Level 5 felony operating a vehicle after driving privileges were suspended for life and his five-year sentence. Finds the Montgomery Superior Court did not err in excluding two pages of probation officer Brenda Payne’s deposition. Also finds Wise’s sentence is not inappropriate in light of the nature of his offense and his character.

In Re The Termination of The Parent-Child Relationship of: Ca.B. and C.B. (Minor Children), and T.B. (Mother) v. The Indiana Department of Child Services (mem. dec.)
30A05-1711-JT-2788
Juvenile termination of parental rights. Affirms the termination of T.B.’s parental rights to her children, C.B. and Ca.B. Finds there is sufficient evidence to support the termination of T.B.’s parental rights.
 
Knox County Association for Retarded Citizens, Inc. v. Mellissa (Cope) Davis (mem. dec.)
93A02-1701-EX-141
Agency. Grants rehearing and affirms its original opinion affirming the Indiana Civil Rights Commission’s conclusion that the Knox County Association for Retarded Citizens, Inc. engaged in an unlawful discriminatory practice when it terminated Mellissa Davis’ employment with KCARC. Finds KCARC failed to engage in a discussion with Davis regarding accommodation of her limitations.  

Daurrell L. Figgs v. State of Indiana (mem. dec.)
02A05-1711-PC-2839
Post-conviction. Affirms the denial of Daurrell L. Figgs’ petition for post-conviction relief. Finds the record demonstrates that Figgs received a procedurally fair post-conviction proceeding. Also finds that Figgs did not have a viable double jeopardy claim, so his trial and appellate counsel were not ineffective for failing to raise the claim.

 

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