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Friday, December 06, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

For publication opinions today (2):

In Everett Sweet v. State of Indiana, an 8-page opinion, Judge Najam writes:

In August of 2009, Everett Sweet pleaded guilty to dealing in methamphetamine, as a Class B felony, after he had been fully advised of his rights and he had agreed with the State’s factual basis underlying the allegation against him. In April of 2010, Sweet filed a petition for post-conviction relief in which he sought to have his conviction overturned on the theory that he had received ineffective assistance of counsel in a pretrial evidentiary hearing on a motion to suppress the State’s evidence. Had he not received ineffective counsel on his motion to suppress, Sweet contends, the State’s evidence against him would have been suppressed and he would not have pleaded guilty. This is not a permissible basis to collaterally attack a guilty plea in Indiana. We therefore affirm the post-conviction court’s denial of Sweet’s pro se petition for post-conviction relief.
In Michelle Orr Carpenter v. State of Indiana, a 7-page opinion, Judge Najam writes:
Michelle Orr Carpenter appeals the trial court’s revocation of her probation. Carpenter raises a single issue for our review, namely, whether the State presented sufficient evidence to demonstrate that she committed the alleged probation violation during the term of her probation. We reverse. * * *

The State failed to present any evidence to demonstrate that Carpenter violated the terms of her probation by using phenobarbital during her probationary period. Even when viewed most favorably to the State, the evidence here was in equipoise, and it was no more likely that Carpenter ingested phenobarbital during her probationary period than it was that she ingested it before her probationary period. Accordingly, we must reverse the trial court’s decision to revoke Carpenter’s probation.

NFP civil opinions today (0):

Tracy L. Oedzes v. Bryan S. Oedzes (NFP)

NFP criminal opinions today (0):

Posted by Marcia Oddi on December 6, 2013 10:24 AM
Posted to Ind. App.Ct. Decisions