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Wednesday, April 09, 2008
Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)
For publication opinions today (1):
Roy Bennett v. State of Indiana - "The trial court sentenced Bennett to a term of two years for each of the Class D felonies, and to a term of seven years for two of the Class C felonies, and a term of six years for the third Class C felony conviction. The trial court then ordered Bennett to serve twenty years executed with five years suspended to probation. Clearly, there was a mathematical error in the computation of the aggregate sentence. Therefore, we exercise our authority to correct Bennett’s sentence to a term of twenty years executed, with four years suspended to probation.
"Bennett’s maximum sentence exposure after his convictions was thirty years. Bennett received a twenty-four year sentence with twenty years executed and four years suspended to probation. Children were victimized in each of the felonies resulting in conviction. Bennett has failed to establish that his sentence is inappropriate in light of the nature of the offense and the character of the offender. Affirmed."
NFP civil opinions today (1):
In the Matter of the Supervised Administration of the Estate of Martha Wakefield, Deceased, Cinda Bartley v. The Estate of Martha Wakefield (NFP) - "Because the trial court’s order of August 2, 2006, does not specify what sanctions it is imposing other than the imposition of the money judgment and the order of September 21, 2006, bases the dismissal of Bartley’s claim on violations of the August 2, 2006, order−an impermissible sanction for failure to pay a money judgment−we conclude that the trial court abused its discretion by dismissing Bartley’s claim without a hearing or providing findings of what, if any, discovery violations would support dismissal. Accordingly, we conclude that the trial court abused its discretion in denying Bartley’s motion to correct error. We therefore reverse the trial court’s denial of Bartley’s motion to correct error and remand with instructions to order a hearing on Burns’s motion for sanctions. Reversed and remanded."
NFP criminal opinions today (2):
Meta I. Jones v. State of Indiana (NFP)
Carmon Perdue v. State of Indiana (NFP)
Posted by Marcia Oddi on April 9, 2008 12:46 PM
Posted to Ind. App.Ct. Decisions