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| Brown v. State, No. 49A05-0506-CR-321,
COURT OF APPEALS OF INDIANA, November 13, 2006, Decided , November 13, 2006, Filed
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Overview: Proportionality claim under Ind. Const. art. 1, § 16 was properly denied because penalty for identity deception under Ind. Code § 35-43-5-3.5 was not unconstitutionally disproportionate as compared with penalty for impersonating a public servant under Ind. Code § 35-44-2-3 and fact that no person was harmed was not a defense to identity deception.
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| McMahon v. State, No. 79A02-0603-CR-170,
COURT OF APPEALS OF INDIANA, November 13, 2006, Decided , November 13, 2006, Filed
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Overview: Defendant's seven year sentence was not inappropriate under a single standard established by Ind. R. App. P. 7(B) and taking into consideration the relevant circumstances of Ind. Code § 35-38-1-7.1 in that he was a convicted felon on probation and, while intoxicated, pulled a knife on a stranger and then injured an officer trying to apprehend him.
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| Shafer v. State, No. 25A05-0507-CR-385,
COURT OF APPEALS OF INDIANA, November 14, 2006, Decided , November 14, 2006, Filed
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Overview: Even though his sentences for robbery and burglary were not imposed at the same time, defendant's sentences were properly made consecutive under Ind. Code § 35-50-1-2(c) because the burglary sentence was imposed later on the same day as the robbery sentence and defendant had already pleaded guilty to the burglary at the time of the first sentence.
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| Estate of Daniels v. Bryan, No. 82A04-0607-CV-376,
COURT OF APPEALS OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: When an estate totalled just under $100,000, and $26,000 had already been awarded to its attorneys, the probate court properly denied a second petition for over $26,000 in additional attorney fees. It properly considered the size of the estate in determining whether an attorney fee request was just and reasonable under Ind. Code § 29-1-10-13.
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| Green v. State, No. 15S01-0611-CR-468,
SUPREME COURT OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: Appellate court erred in remanding case with directions that defendant's conspiracy to commit robbery conviction be vacated. Trial court properly merged that conviction with a conviction for attempted robbery, entering judgment only on the attempted robbery conviction and in that case, there was no need to vacate the conspiracy conviction.
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| In re Eckert, Case No. 49S00-0609-DI-337,
SUPREME COURT OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: When an attorney repeatedly failed to respond to a disciplinary commission's demand for a response to a grievance filed against him, the court suspended him from the practice of law under Ind. R. Admis. Bar & Disc. Att'ys 23 and assessed costs against him. His suspension would be lifted only when he had established his fitness to practice law.
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| Jones v. State, No. 49A05-0603-CR-125,
COURT OF APPEALS OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: When an officer made a traffic stop of defendant, who was driving without a license, the impoundment of his car and an inventory search did not violate Fourth Amendment or Ind. Const. art. I, § 11. The location of the car on the shoulder of a road posed a threat to the community, and removal was authorized by Ind. Code §§ 9-21-16-1 and 9-21-16-3.
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| Reed v. State, No. 49S04-0506-PC-293,
SUPREME COURT OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: Appellate counsel was ineffective for failing to raise aggregate length of consecutive sentences for two counts of attempted murder; shots from which charges arose were fired within seconds of each other and thus were closely connected in time, place, and circumstance, constituting one episode of conduct within meaning of Ind. Code § 35-50-1-2(b).
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| White v. Silbernagel (In re T.W.), No. 55A05-0601-CV-48,
COURT OF APPEALS OF INDIANA, November 15, 2006, Decided , November 15, 2006, Filed
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Overview: In a case in which the trial court granted the adoption of two children by their great-uncle and great-aunt, the trial court did not err in concluding that father's consent to the adoptions was not required under Ind. Code § 31-19-9-8 based on alternative grounds: his failure to communicate significantly with the children and his parental fitness.
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