The Indiana Supreme Court refused to listen to 19 cases out of 23 petitions for relocation last week, but agreed to listen to cases involving post-sentencing suspension and resolution of parental rights, among others.
The judges first accepted the case of Brandon Lawrence Johnson v Indiana State, 20S-CR-61, in which Brandon Johnson pleaded guilty to a level 4 crime for methamphetamine trafficking and received a 12-year prison sentence. His post-sentencing major petition was rejected, as was a subsequent petition for permission to file a late appeal. The Indiana court of appeal affirmed Johnson’s petition refusal to file a late appeal for his conviction, finding he had waived that right after accepting a plea deal.
Subsequently, the high court agreed to listen Indiana Land Trust Company f / k / a Lake County Trust Company TR # 4340 v. XL Investment Properties, LLC, et al., 20S-MI-62. There, the AOC restored the challenge of a Michigan City property owner to the tax sale of land sold without notice for back taxes. The appellate court concluded that the LaPorte County auditor’s inability to verify the records that would reveal the owner’s actual address was a denial of fair constitutional process.
Even the Supreme Court accepted Resolution: A.B., et al. v. Indiana Department of Child Services, 20S-JT-63, in which the COA claimed the termination of parental rights for a mother and father who claimed that their children would not be affected by parental drug use. The four minor children of A.B. and J.R. they were removed from their care due to poor living conditions, domestic violence and drug use, but the parents said it would still be appropriate for the children to live with them. The appeal court disagreed, finding that the resolution was in the interest of the children.
Finally, the judges agreed to listen to the discussions Stanley V. Watson v State of Indiana, 20S-CR-64. The appellate judges split on the case, in which the usual conviction of the culprit of Stanley Watson was reversed and postponed after the majority of the AOC found that the state failed to bring Watson on trial within the expiry of a Indiana Criminal Rule 4 (C) year. However, Judge James Kirsch noted that the majority panel ignored that the one-year period established in the standard runs from the date of the defendant’s arrest or from the date on which the criminal complaint was filed, both of which expired more than a decade. first to the PCR application filed by Watson.
A complete list of transfer decisions for the week ending February 21 is available here.