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   State Courts - Indiana - June 20, 2007

  
Biddinger v. State, No. 49S05-0608-CR-305, SUPREME COURT OF INDIANA, June 20, 2007, Decided, June 20, 2007, Filed.
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Overview: Trial court erred in not allowing defendant to make a statement in allocution where defendant had made a request prior to sentencing that he be allowed to do so, but the error was harmless; defendant's four-page handwritten statement received as an offer of proof did not contain anything that would have affected defendant's sentence.

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Boyle v. State, No. 49S04-0706-CR-243, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: After holding that Blakely claims were not available in a belated appeal under Ind. R.P. Post-Conviction Remedies 2 that challenged a pre-Blakely sentence, the Supreme Court of Indiana reversed an appellate court's decision to the contrary and reinstated an inmate's three concurrent 45 year terms for committing three class A felonies.

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Gutermuth v. State, No. 10S01-0608-CR-306, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: While Ind. R.P. Post-Conviction Remedies 2 allowed belated appeal of some criminal convictions and sentences, belated appeal of defendant's sentence entered before new constitutional rule in Blakely was announced was not governed by new rule; such late appeals were neither "pending on direct review" nor "not yet final" when new rule was announced.

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Hochstetler v. Elkhart County Highway Dep't, No. 20S05-0703-CV-97, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: Where late-night storm downed several trees and limbs and county highway crews were still on the job hours after storm passed, the county was entitled to immunity as a matter of law under Ind. Code Ann. § 34-13-3-3(3) in negligence action because facts were sufficient to demonstrate that the losses resulted from temporary conditions due to weather.

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Moshenek v. State, No. 42S04-0706-PC-244, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: An inmate convicted of murder was not entitled to post-conviction relief under Ind. R.P. Post-Conviction Remedies 2 because although the trial court did not inform the inmate of his right to appeal the sentence at a plea hearing, the inmate was not diligent when he waited eleven yeas to raise a sentencing claim.

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Rogers v. State, No. 71S03-0706-CR-242, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: Because Blakely did not apply to an Ind. R.P. Post-Conviction Remedies 2 belated appeal challenging a pre-Blakely sentence, an inmate who pled guilty to attempted robbery presented no sentencing issue on appeal after he filed a R. 2 appeal.

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Rose v. Mercantile Nat'l Bank of Hammond, No. 56S03-0608-CV-303, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: Proceedings supplemental under Ind. R. Trial P. 69 were proper only for actions to enforce and collect existing judgments; thus, a judgment creditor was improperly allowed to amend its complaint to add a new claim, even though it was based on same fraudulent transfer, that allowed for damages treble the amount of original judgment owed by debtor.

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Stockelman v. State, No. 36S00-0608-CR-285, SUPREME COURT OF INDIANA, June 20, 2007, Decided
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Overview: Defendant's sentence of life without parole did not require revision under Ind. R. App. P. 7(B) because the trial court properly found that the aggravating circumstance of killing a 10-year-old child weighed more heavily than proffered mitigators of relatively crime-free life, his plea of guilty, his mental condition, and hardship to his children.

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