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Indiana Court of Appeals
Marvin Garner v. State of Indiana
49A02-1310-CR-834
Criminal. Affirms aggregate 60-year sentence for four counts of Class A felony child molesting. His offenses were committed against multiple victims and against the same victims repeatedly, and his victims were young and he abused this position of trust.
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
Bankruptcy filings in the U.S. Bankruptcy Courts, Northern and Southern Districts of Indiana, fell for the 12-month period ending March 31 as compared to the same time in 2013, according to the United States Courts.
Indiana Court of Appeals
Bryan Swineford v. State of Indiana (NFP)
90A05-1311-CR-568
Criminal. Affirms denial of Swineford’s petition to convert his Class D felony conviction of operating a vehicle with a blood alcohol concentration of 0.08 to a Class A misdemeanor.
Charles K. Corn v. State of Indiana (NFP)
84A01-1304-CR-161
Criminal. Affirms conviction of Class B felony aggravated battery.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Indiana Court of Appeals
Donnetta Newell v. State of Indiana
49A02-1309-CR-744
Criminal. Affirms Class A misdemeanor intimidation conviction. The trial court did not abuse its discretion in admitting evidence of the incident that led to Newell’s eviction and there is sufficient evidence for the finder of fact to conclude that Newell knew her statement to a security guard would be transmitted to the subject of her threat.
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
Attorneys can look at a juror’s public Facebook page but shouldn’t message the juror through the Internet or social media and try to access a private account, according to a formal opinion released Thursday by the American Bar Association.
The U.S. Department of Justice Wednesday announced its initiative to encourage qualified federal inmates to petition to have their sentences commuted or reduced by the president of the United States.
Indiana Court of Appeals
Dustin E. McCowan v. State of Indiana (NFP)
64A03-1305-CR-189
Criminal. Affirms felony murder conviction.
Timothy Robertson v. State of Indiana (NFP)
27A02-1307-PC-646
Post conviction. Affirms denial of petition for post-conviction relief.
Vincent Smith v. State of Indiana (NFP)
49A04-1309-CR-443
Criminal. Affirms conviction of Class D felony criminal recklessness.
Nicole Snodgrass v. State of Indiana (NFP)
83A01-1308-CR-370
Criminal. Affirms sentence for two counts of Class B felony dealing in a Schedule II controlled substance and three counts of Class D felony theft.
Dalvinder Singh v. State of Indiana (NFP)
49A05-1306-CR-313
Criminal. Affirms conviction of Class D felony sexual battery.
Nestor Canenguez-Ramirez v. State of Indiana (NFP)
20A04-1307-PC-371
Post conviction. Affirms denial of petition for post-conviction relief.
Raymond Cantu v. State of Indiana (NFP)
20A03-1301-CR-8
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class A felony attempted child molesting.
Joseph Pennington v. State of Indiana (NFP)
05A02-1309-CR-823
Criminal. Affirms sentence for Class B felony sexual misconduct with a minor.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Matthew P. Wilhoite v. State of Indiana
34A04-1303-CR-138
Criminal. Affirms conviction of Class B felony “conspiracy to commit attempted armed robbery.” Wilhoite argued his conviction is invalid because a person may not be convicted of “conspiring to attempt” any crime. Although the state referenced a non-existent crime when it listed “conspiracy to commit attempted robbery” on the charging information as the crime committed, Wilhoite has not demonstrated fundamental error.
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.
The Indiana Court of Appeals Wednesday decided the state should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
Indiana is contenting that states have the authority to define marriage, but the federal court and the ACLU of Indiana have given little merit to the state’s arguments for maintaining a ban on same-sex marriage.