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Friday, March 06, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decisions)

For publication opinions today (2):

In John Norris v. State of Indiana, a 7-page opinion, Chief Judge Vaikik writes:

John Norris sold ten hydrocodone pills for $6 each to a confidential informant during a controlled buy. Norris was charged with a Class A felony and pled guilty to Class B felony dealing in a controlled substance. The trial court sentenced him to twenty years, all executed. Norris now appeals his sentence, arguing that it is inappropriate.

Although Norris has a criminal history and was on probation when he committed this offense, given the small amount of pills that were sold to a confidential informant during a controlled buy, we find that a twenty-year executed sentence is excessive. We therefore remand this case to the trial court with instructions to impose a sentence of twelve years, with eight years executed in the Indiana Department of Correction and four years suspended to supervised probation.

In Demand Johnson v. State of Indiana, a 5-page opinion, Judge Baker writes:
Demand Johnson appeals the trial court’s order that he pay $340 for probation fees. Specifically, Johnson argues that the trial court abused its discretion when it ordered him to pay probation fees without first conducting an indigency hearing. We find no requirement that a trial court should conduct an indigency hearing at the time probation fees are ordered. Nevertheless, the trial court has a duty to conduct an indigency hearing before or upon the completion of a defendant’s sentence. Additionally, probation fees should reflect the time a defendant actually served on probation. Therefore, we remand to the trial court to conduct an indigency hearing upon the completion of Johnson’s sentence and to reassess probation fees relative to the time that Johnson served on probation.
NFP civil decisions today (2):

Allstate Insurance Company as Subrogee of Elaine Weiman v. Cleve W. Hatfield, and Michael W. Hatfield (mem. dec.)

In re the Termination of the Parent_Child Relationship of: S.H., A Child in Need of Services, M.H. v. Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (4):

Juan Lucio v. State of Indiana (mem. dec.)

Darius T. Fisher v. State of Indiana (mem. dec.)

Marshall Barnes-Bey v. State of Indiana (mem. dec.)

Derek Core v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 6, 2015 01:23 PM
Posted to Ind. App.Ct. Decisions