Opinions March 28, 2023

Court of Appeals of Indiana
Michael T. Owens v. State of Indiana
Criminal. Affirms the Marion Superior Court’s denial of Michael Owens’ motion to dismiss the habitual offender enhancement to his sentence. Finds Owens’ claim rests on a faulty reading of Indiana Code § 35-34-1-5(e). Sua sponte remands to correct sentencing error.

Bryce A. Luckey v. State of Indiana (mem. dec.)
Criminal. Affirms the Huntington Circuit Court’s denial of Bryce Luckey’s motion to withdraw his guilty plea to Level 3 felony aiding in rape. Finds the trial court did not abuse its discretion.

Lindsay E. Grate v. State of Indiana (mem. dec.)
Criminal. Dismisses Lindsay Grate’s appeal of her 48-year sentence for Level 2 felony dealing in methamphetamine and being a habitual offender. Finds that because Grate pleaded guilty, she waived her right to appeal her sentence as part of her written plea agreement.

Detrick D. Poole v. State of Indiana (mem. dec.)
Criminal. Affirms Detrik Poole’s conviction for possession of a firearm by a serious violent felon, a Level 4 felony. Finds the LaPorte Superior Court did not abuse its discretion in denying Poole’s proposed jury instruction.

James E. Manley v. Mark Sevier and Steven Walker (mem. dec.)
Miscellaneous. Affirms the Monroe Circuit Court’s denial of James Manley’s petition for a writ of habeas corpus. Finds Mark Sevier and Steven Walker properly filed a response to Manley’s second habeas petition, Manley was not deprived of credit time, Manley was not allowed to negotiate the conditions of his parole, the ex post facto law prohibition was not violated, Manley waived his claim regarding the imposition of certain parole conditions and the Parole Board was not requited to proceed under the Administrative Rules and Procedures Act when it imposed parole conditions on Manley.

Please enable JavaScript to view this content.

{{ articles_remaining }}
Free {{ article_text }} Remaining
{{ articles_remaining }}
Free {{ article_text }} Remaining Article limit resets on
{{ count_down }}