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Tuesday, January 24, 2012

Ind. Decisions - Court of Appeals issues 3 today (and 4 NFP)

For publication opinions today (3):

Violet M. Lockett v. Peggy Hoskins a/k/a Peggy J. Smith - "In the absence of valid legal conclusions justifying an award of attorney’s fees, the trial court’s grant of fees to Hoskins was an abuse of discretion and must be reversed. Furthermore, because this appeal is resolved in favor of Lockett, Hoskins’ request for appellate attorney’s fees is without merit and must be denied."

In Jessica Bowling v. State of Indiana , a 12-page opinion, Judge Crone writes:

In 2006, Jessica Bowling agreed to plead guilty to class A felony neglect of a dependent, and the State agreed to a cap of forty years on the executed portion of her sentence. Along with the plea agreement, Bowling signed a written advisement and waiver of rights that contained the following provision: “By pleading guilty you have agreed to waive your right to appeal your sentence so long as the Judge sentences you within the terms of your plea agreement.” The trial court sentenced Bowling to forty years, executed.

In 2011, Bowling filed a petition for permission to file a belated notice of appeal pursuant to Indiana Post-Conviction Rule 2. The State argued that Bowling waived her right to appeal her sentence pursuant to the aforementioned provision. The trial court agreed with the State and denied Bowling's petition. Bowling appeals, arguing that the waiver should not be enforced because it is a misstatement of law. We conclude that the waiver is valid and therefore affirm the trial court.

In James R. Johnson v. State of Indiana, a 10-page opinion, Judge Vaidik writes:
James R. Johnson appeals the post-conviction court’s denial of his petition for post-conviction relief. Because the record shows that Johnson pled guilty to Class A felony child molesting at the same time he maintained his innocence, the trial court erred in accepting Johnson’s guilty plea to the Class A felony. Accordingly, the post-conviction court erred in denying Johnson’s petition for post-conviction relief. We therefore reverse and remand for further proceedings.

NFP civil opinions today (1):

In the Matter of the Term. of the Parent-Child Rel. of: J.W. & C.W. and M.W. v. Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (3):

Jeremiah Brown v. State of Indiana (NFP)

Cordell G. Gage v. State of Indiana (NFP)

Terry York v. State of Indiana (NFP)

Posted by Marcia Oddi on January 24, 2012 11:11 AM
Posted to Ind. App.Ct. Decisions