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Friday, December 16, 2005
Ind. Decisions - Two opinions from the Court of Appeals, dealing with revocation of probation, and with the Indiana Dormant Mineral Act
In Unsoon Podlusky v. State of Indiana, an 11-page opinion (including a 2-page concurring opinion), Judge Baker writes:
Appellant-defendant Unsoon Podlusky appeals her revocation of probation where the trial court ordered her to serve a two-year suspended sentence in the Department of Correction. Specifically, Podlusky argues that the evidence was insufficient to support the revocation and that the trial court erred in ordering her to serve the suspended sentence. Concluding that the evidence was sufficient to support Podlusky’s probation revocation, and finding that the trial court did not abuse its discretion in ordering Podlusky to serve her originally suspended two-year sentence, we affirm the judgment of the trial court. However, as we point out in our discussion below, it is our belief that the trial court was not required to impose the entire suspended sentence in this instance.Judge Mathias' concurring opinion concludes:
[C]ontrary to the majority’s conclusion, I believe the language in Stephens is unambiguous. Unless and until our Supreme Court modifies or clarifies its Stephens holding, under the current state of the law, I believe that when a trial court revokes a defendant’s probation, any executed time imposed, when combined with any executed time previously ordered and served, must at least equal the statutory minimum sentence.Steve Miller, et al v. Becky Weber, et al, a 14-page opinion by Judge Najam, deals with two issues:
1. Whether Weber’s interest in minerals underlying the Millers’ properties has lapsed under the Indiana Dormant Mineral Act.2. Whether Weber’s deed conveying her interest in minerals underlying the Millers’ properties was a slander of title.
We reverse and remand.
Posted by Marcia Oddi on December 16, 2005 09:57 AM
Posted to Ind. App.Ct. Decisions