Monday, September 09, 2013
Ind. Decisions - Transfer list for week ending September 6, 2013
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Here is the Clerk's transfer list for the week ending Friday, September 6, 2013. It is two pages (and 25 cases) long.
Four transfers were granted last week:
- State of Indiana v. I.T. - This was a 3/20/13 opinion, concluding:
The State appeals from the juvenile court’s order rescinding its prior approval of a delinquency petition filed against I.T. Concluding sua sponte that the State is without authority to appeal a juvenile court’s order withdrawing its approval of the filing of a delinquency petition, we dismiss. * * *
Because we conclude that the juvenile court’s order was not “an order granting a motion to dismiss an indictment or information” for the purposes of I.C. § 35-38-4-2(1), we conclude that the State has no statutory right to appeal in this case, regardless of the merits of the juvenile court’s ruling. We therefore dismiss the State’s appeal.
- Bryant E. Wilson v. State of Indiana - This was a 2-1, 6/3/13 opinion, where the majority writes:
On appeal, Wilson renews his argument that “the trial court lacked statutory authority in holding a part of his executed sentence in abeyance.” We take this to mean that the trial court allegedly lacked statutory authority to impose partially consecutive sentences. Wilson cites no statute that expressly prohibits partially consecutive sentences, and in fact there is currently a difference of opinion on this Court regarding whether such sentences are permissible.
- In the Matter of: S.D. (Minor Child), Child in Need of Services, and J.B. (Mother) v. The Indiana Department of Child Services - This was a 5/29/13 NFP opinion.
- Kenyatta Erkins and Ugbe Ojile v. State of Indiana - This was a 4/23/13 opinion where the panel concluded:
We conclude that (1) the amendment to the charging information was one of form, not substance, and therefore the trial court did not err in permitting the amendment; (2) the evidence was sufficient to show that Appellants intended and agreed to commit a robbery of S.M. that would result in serious bodily injury, which is all that is required to obtain a conviction for class A felony conspiracy to commit robbery resulting in serious bodily injury; (3) the trial court did not abuse its discretion in admitting evidence gathered after Appellants left the casino; (4) most of the testimony interpreting Appellants’ conversation was helpful to the jury and therefore admissible, and any error in admitting inadmissible interpretations was harmless; and (5) the prosecutor did not present argument that was unsupported by the evidence and therefore did not commit misconduct let alone cause fundamental error. We also conclude that Ojile’s trial counsel did not render ineffective assistance. Accordingly, we affirm Appellants’ convictions.Transfer was granted to Appellant Kenyatta Erkins.
Posted by Marcia Oddi on September 9, 2013 12:49 PM
Posted to Indiana Transfer Lists