« Ind. Decisions - Juvenile record can be weighed | Main | Law - More on Texas Congressional Redistricting cases »

Thursday, December 15, 2005

Ind. Decisions - Court of Appeals posts one dissolution and two sentencing decisions today

Jeffrey Lambert v. Jill Lambert is a 2-1 opinion, with Judge Robb writing for the majority and Judge Friedlander's dissent beginning:

I agree with the majority’s determination that the trial court did not err in dividing the marital properly evenly between the parties. I respectfully disagree, however, with the majority’s determination that the trial court properly imputed Father’s pre-incarceration income in calculating his initial support obligation.

We are writing on a more or less blank slate on this issue.

Jai J. Buntin v. State of Indiana is a sentencing decision where the Court finds "that the evidence was insufficient to sustain Buntin’s conviction for auto theft and that the trial court properly sentenced Buntin as to his conviction for theft. Vacated in part, affirmed in part."

In Michael French v. State of Indiana, Judge Najam concludes:
Further, even if Blakely were to apply to the imposition of consecutive sentences, we would hold that there was no violation here because French admitted to the existence of multiple victims when he entered into the plea agreement and, again, at the guilty plea hearing. See Weis v. State, 825 N.E.2d 896, 906 (Ind. Ct. App. 2005) (noting Blakely not implicated where defendant admits to facts underlying aggravator). In sum, the trial court did not abuse its discretion or violate French’s constitutional rights when it imposed consecutive presumptive sentences.

Posted by Marcia Oddi on December 15, 2005 12:29 PM
Posted to Ind. App.Ct. Decisions