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| Childress v. State, No. 61S01-0510-CR-484, No. 61S04-0510-CR-485,
SUPREME COURT OF INDIANA, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Supreme Court of Indiana, in reviewing sentences under Ind. Const. art. VII, § 4, affirmed defendants' sentences entered under plea agreements as they were within the agreed upon sentencing ranges. Pursuant to Ind. R. App. P. 7(B), the sentence of one defendant was not inappropriate in light of the nature of the offenses and his character.
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| City of Indianapolis v. Garman, No. 49S00-0602-CV-55,
SUPREME COURT OF INDIANA, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: City and its police department were not shielded from liability by the "enforcement of a law" immunity contained in Ind. Code § 34-13-3-3(8) of the Indiana Tort Claims Act in an action brought by a driver who was injured as a result of collision involving a police officer who was pursuing a fleeing suspect in a high speed chase.
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| Henry v. State, No. 64A04-0511-PC-655,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: An inmate was not entitled to postconviction relief based on Blakely. For Blakely to retroactively apply to a defendant whose case had been pending on direct appeal when Blakely was announced, the defendant had to have added a Blakely claim, and the inmate here had not done so by amending his brief or by filing a petition for rehearing or transfer.
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| McKenney v. State, No. 70A04-0510-CR-627,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Civil statute of limitations of Ind. Code § 34-11-2-10 did not apply to a criminal restitution case under Ind. Code § 35-46-1-5, because criminal restitution was a portion of a sentence, and because the criminal restitution statute did not incorporate the civil statute of limitations, it did not apply.
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| Pannell v. Penfold, No. 49A04-0502-CV-62,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Where a weapon, a controlled substance, and tobacco were found in an inmate's television, three possessory charges were distinct and the expungement of the weapons charge did not require expungement of the other two charges or references thereto under Ind. Code § 11-11-5-5.
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| Patrick v. Miresso, No. 45S03-0505-CV-223,
SUPREME COURT OF INDIANA, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Denial of summary judgment to city and police officer in negligence action arising out of a vehicle collision was proper. "Enforcement of law" immunity granted in Indiana Tort Claims Act, Ind. Code § 34-13-3-3(8) did not shield defendants from liability resulting from a breach of statutory duty found in Ind. Code § 9-21-1-8(d)(1).
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| Reyes v. State, No. 49S04-0510-CR-475,
SUPREME COURT OF INDIANA, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Where a defendant had poisoned, bludgeoned, and strangled his 62-year old victim-acquaintance in the victim's home, his 20-year sentence for voluntary manslaughter was not inappropriate nor unreasonable under Ind. Code. § 35-50-2-5 and even after a guilty plea, Ind. R. App. P. 7(B) review was available.
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| Ruble v. State, No. 18A04-0507-CR-391,
COURT OF APPEALS OF INDIANA, FOURTH DISTRICT, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: When defendant was eligible for post-conviction forensic diversion and his offense of operating a vehicle after a lifetime suspension allowed part of his sentence to be suspended, it was error under Ind. Code § 11-12-3.7-1 et seq. not to put him on probation during the suspended sentence, conditioned on completion of the forensic diversion program.
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| Weiss v. State, No. 17S03-0510-CR-487,
SUPREME COURT OF INDIANA, June 14, 2006, Decided , June 14, 2006, Filed
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Overview: Sentence review under Ind. R. App. P. 7(B) was available after a guilty plea, and sentences totalling 40 years resulting from two guilty pleas to Class B felonies and a habitual offender finding were not inappropriate under Ind. Code § 35-50-2-5 and Ind. Code § 35-50-2-8(h).
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