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Friday, July 28, 2006
Ind. Decisions - Court of Appeals issues three today
Rosanne B. Shorter v. Lester J. Shorter - "This cause is remanded with instructions to enter an order assigning the parties’ respective interests in what was formerly Lester’s pension account, consistent with the principles set out in this opinion."
In Anton K. Johnson v. State of Indiana, a 12-page opinion, Judge Friedlander concludes:
In summary, Johnson does not challenge the adequacy of his advisement of rights, but merely asserts that said advisement and his subsequent waiver were invalid because he was not first informed that he had been charged with the murders of West and Tasha. We conclude that, although preferable, the lack of such an advisement did not, in and of itself, vitiate Johnson’s waiver of rights. Rather, the proper inquiry for determining whether the waiver was valid is whether Johnson was “made sufficiently aware of his right to have counsel present during the questioning, and of the possible consequences of a decision to forgo the aid of counsel [.]”In James F. Plummer v. State of Indiana, an 8-page opinion, Judge Najam concludes:
In sum, Plummer’s Blakely claim is without merit because the imposition of consecutive sentences does not implicate Blakely. See Smylie, 823 N.E.2d at 686. Further, the trial court did not abuse its discretion when it identified all significant aggravating and mitigating circumstances and determined that presumptive, consecutive sentences were appropriate. Affirmed.
Posted by Marcia Oddi on July 28, 2006 12:19 PM
Posted to Ind. App.Ct. Decisions