Opinions March 21, 2019

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Indiana Court of Appeals 
David Hooker v. State of Indiana

Post-conviction. Affirms the Vanderburgh Circuit Court’s denial of David Hooker’s petition for post-conviction relief on his conviction of Class C felony burglary. Finds Hooker failed to establish that the post-conviction court’s judgment was clearly erroneous. Judge L. Mark Bailey dissents witha separate opinion, finding Hooker’s plea was unreliable as a matter of law. 

Shawn P. Morrell v. State of Indiana
Criminal. Grants rehearing and reaffirms the Indiana Court of Appeals’ prior decision upholding Shawn Morrell’s five-year sentence for his conviction of Level 5 felony domestic battery. Finds the Tippecanoe Circuit Court abused its discretion by including as an aggravating circumstance Morrell’s juvenile contacts with the justice system not resulting in an adjudication, and grants rehearing solely to address that issue. 

Gary Tindall v. State of Indiana (mem. dec.)
Criminal. Reverses Gary Tindall’s conviction for Level 5 felony carrying a handgun without a license. Finds the warrantless search of Tindall’s locked glovebox was impermissible under the Fourth Amendment and Article 1, Section 11 of the Indiana Constitution. Also finds the Marion Superior Court abused its discretion in admitting evidence found as a result of that search. Remands.

Jordan Mitchell Smith v. State of Indiana (mem. dec.)
Criminal. Affirms Jordan Smith’s convictions of auto theft as a Level 6 felony, criminal recklessness with a deadly weapon as a Level 6 felony, possession of methamphetamine as a Level 6 felony, possession of paraphernalia as a Class C misdemeanor and resisting law enforcement as a Level 6 felony, and his aggregate four-year sentence. Finds Smith’s convictions for criminal recklessness and resisting law enforcement do not violate the prohibition against double jeopardy. Also finds his sentence is not inappropriate.

Wesley Sanders v. State of Indiana (mem. dec.)
Criminal. Affirms Wesley Sanders’ conviction for Class A misdemeanor battery. Finds the Marion Superior Court did not abuse its discretion in admitting a recording of a 911 call into evidence. 

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