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Tuesday, May 22, 2007
Ind. Decisions - Two more today from the Supreme Court
In Adrian Reed v. State of Indiana, a 4-page, 5-0 opinion (J. Rucker concurs in result witout separate opinion), Chief Justice Shepard writes:
Appellant Adrian Reed sought post-conviction relief, claiming as freestanding issues two contentions about his sentence. The Court of Appeals addressed both claims on the merits. Reed’s lawyers and the court thus converted the post-conviction process into a “super appeal.” We grant transfer. * * * We thus affirm the denial of Reed’s PCR petition.
In Eddie Cannon v. State of Indiana, a 6-page, 5-0 opinion, Chief Justice Shepard writes:
Eddie Cannon was convicted of operating a vehicle after his license was forfeited for life and was sentenced to five years in prison. The Court of Appeals affirmed the conviction and sentence. Cannon v. State, 839 N.E.2d 185 (Ind. Ct. App. 2005). We grant transfer solely to address a claim about ex parte communication. * * *[Here the trial judge read the file of a prior conviction of defendant and the trial judge stated at sentencing:]
I am noting the Court’s own hand notes from the Court 6 case that indicates on 7/25/03 and this is a direct quote from the judge, Judge Barker, “If he messes up off to DOC. Can’t use his wife’s hardship again.” The prior judge gave me notice that you would likely bring your wife in here to make the same plea in an effort to get leniency.[The opinion continues with a thorough discussion of ex parte judicial cotacts and concludes:] Cannon cannot be heard to complain that, when he asked for yet another alternative sentence based on his wife’s hardship, Judge Marchal did not turn a blind eye to the fact that Cannon successfully made the same plea during a prior hearing on a case in which Judge Marchal was ruling at that moment.
Posted by Marcia Oddi on May 22, 2007 12:25 PM
Posted to Ind. Sup.Ct. Decisions