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Wednesday, November 30, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 14 NFP)

For publication opinions today (1):

In James E. Rogers v. State of Indiana , a 12-page opinion, Judge Riley writes:

Appellant-Defendant, James E. Rogers (Rogers), appeals his conviction and sentence for failure to register as a sex or violent offender, a Class D felony, Ind. Code § 11-8-8-17(a)(5), as well as his sentences for theft, a Class D felony, I.C. § 35-43-4-2(a), and receiving stolen property, a Class D felony, I.C. § 35-43-4-2(b). We affirm.

Rogers raises two issues on appeal, which we restate as follows: (1) Whether his conviction pursuant to a guilty plea violated the Indiana constitutional prohibition against ex post facto laws; and (2) Whether the trial court's sentence was appropriate in light of the nature of Rogers' offense and his character. * * *

[W]e decline to create an exception to the rule that a defendant who pleads guilty pursuant to a plea agreement may not challenge his conviction on direct appeal. We conclude that Rogers waived his ex post facto claim when he entered into a plea agreement with the State. * * *

Conclusion. Based on the foregoing, we conclude that (1) Rogers waived his claim that his conviction violated the Indiana constitutional prohibition against ex post facto laws; and (2) the trial court properly sentenced Rogers. Affirmed.

NFP civil opinions today (4):

Larry W. Pflug, Rebecca K. Pflug, Michael G. Pflug, Kristi A. Pflug, Gene A. Pflug, and Gloria J. Pflug v. State of Indiana (NFP)

Jonathan Yocum v. X.Y., By Next Friend, M.Y. (NFP)

Adolph Brateman, Adrienne Brateman, and Michael Brateman v. Hanning & Bean Enterprises, Inc. (NFP)

Brian Eby v. Jennifer Eby (NFP)

NFP criminal opinions today (10):

Matthew A. Knight v. State of Indiana (NFP)

Ronnie Sanchez v. State of Indiana (NFP)

John Barrientes v. State of Indiana (NFP)

John A. Ashby v. State of Indiana (NFP)

Ladell Alexander v. State of Indiana (NFP)

Cortino Allen v. State of Indiana (NFP)

Frank Poole, Jr. v. State of Indiana (NFP)

Andrew Wagoner v. State of Indiana (NFP)

L.G. v. State of Indiana (NFP)

Timothy Tingle v. State of Indiana (NFP)

Posted by Marcia Oddi on November 30, 2011 11:00 AM
Posted to Ind. App.Ct. Decisions