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As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe NowThe following opinion was posted after The Indiana Lawyer’s deadline Thursday:
Indiana Supreme Court
Kortney Lee Elzey v. State of Indiana
24S-CR-436
Criminal. Affirms the Huntington Circuit Court’s denial to refer Kortney Elzey post-conviction relief petition to the Indiana Public Defender’s Office. Finds that because the trial court followed the state supreme court’s rule as it currently reads, the high court finds no reversible error. Also finds there is a gap between the supreme court’s rule and the state statute, so the supreme court refers this to its Rules Committee to amend in accordance with the court’s rules process and to draft a rule extending the forwarding requirement in all cases where petitioners are incarcerated in any penal facility, including county jails. Chief Justice Loretta Rush concurs in part and dissents in part with separate opinion. Justice Christopher Goff did not participate in the decision of this matter. Attorney for appellant: Cara Schaefer Wieneke. Attorneys for appellee: Attorney General Todd Rokita, Sierra Murray, Andrew Kobe.
Friday opinions
Indiana Court of Appeals
Billy G. Luke v. State of Indiana
24A-CR-2668
Criminal. Affirms Billy Luke’s convictions in Dearborn Circuit Court of multiple counts of stalking as Level 4 felonies and invasion of privacy as Level 6 felonies and his sentence to 61.5 years in prison. Finds the trial court did not err by denying Luke’s motion to dismiss the stalking charges, the trial court did not err by denying Luke’s motion to sever the charges and the state presented sufficient evidence to support Luke’s convictions for invasion of privacy regarding the 2019 no contact order. Also finds Luke’s sentence is not unconstitutionally disproportionate. Attorney for appellant: R. Patrick Magrath. Attorneys for appellee: Todd Rokita, George Sherman.
Travis James Luke v. Cheryl L. Luke
24A-DN-2850
Domestic relations with no children. Affirms the Kosciusko Superior Court’s denial of Travis Luke’s Trial Rule 60(B)(8) motion for relief from judgment. Finds Cheryl Luke will share in any gains or losses on her one-half share of Travis Luke’s 401(k) from October 4, 2022, until the date the plan administrator divides the account. Attorneys for appellant: David Stone IV, Joanne Kolbe. Attorneys for appellee: Margaret Christensen, Sarah Jackson.
In re Commitment of A.V., A.V. v. Richard L. Roudebush Veterans Affairs Medical Center
25A-MH-1516
Mental health. Affirms the Marion Superior Court’s granting of Richard L. Roudebush Veterans Medical Center’s petition for A.V.’s temporary commitment. Finds the trial court did not abuse its discretion in finding that good cause existed to hold the commitment hearing remotely, and even if error did occur, such error was harmless. Attorney for appellant: Talisha Griffin. Attorney for appellee: Kyle Mardis.
Jackson Porter v. State of Indiana
25A-CR-835
Criminal. Affirms the Marion Superior Court’s judgment finding Jackson Porter guilty of murdering his former roommate. Finds the state presented sufficient evidence to disprove Porter’s claim of sudden heat. Attorneys for appellant: Talisha Griffin, Stacy Uliana. Attorneys for appellee: Todd Rokita, Alexandria Sons.
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