Opinions July 9, 2019

Keywords Opinions

Indiana Court of Appeals 
Indiana Alcohol and Tobacco Commission and PNC Bancorp, LLC (mem. dec.)

Miscellaneous. Reverses the Marion Superior Court’s denial of the Indiana Alcohol and Tobacco Commission’s motion to dismiss PNC Bancorp, LLC’s amended petition for judicial review. Finds PNC’s failure to timely file the agency record precludes judicial review of the commission’s decision. Remands for further proceedings consistent with the opinion. 

Isaiah Albert Hagan v. State of Indiana (mem. dec.)
Criminal. Affirms and reverses in part Isaiah Hagan’s conviction of felony murder; felony murder while committing or attempting to commit robbery; Level 2 felony robbery resulting in serious bodily injury; and Level 6 felony obstruction of justice. Finds the Warrick Circuit Court did not abuse its discretion by admitting statements Hagan made to his mother, nor by curtailing lines of cross-examination or by excluding two videos, and those evidentiary rulings did not violate principles of due process. Also finds Hagan has not demonstrated that the state hindered the jury’s ability to effectively act as the fact-finder, or that he was denied an impartial judge. Finally, finds the three convictions relied upon the same evidence. Remands with instructions to remedy the double jeopardy violation.

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