Legal Opinion

Powell v. State

Indiana Court of Appeals

Decided June 26, 1991No. 22A01-9009-PC-369PublishedCited by 16 opinions

1Opinion of the Court

BAKER, Judge.

Leland C. Powell appeals from the denial of his motion to correct erroneous sentence. The issue presented for our review is whether our supreme court's decision in Kelly v. State (1989), Ind., 539 N.E.2d 25, aff'g Kelly v. State (1988), Ind.App., 527 N.E.2d 1148, should be applied retroactively to Powell's convictions and sentences. We hold it should not be applied retroactively, and therefore affirm the trial court.

FACTS

In 1983, Powell, driving while intoxicated, entered a divided highway on the wrong side. He caused a head-on collision with another car, which took the lives of…

2Cases cited14 opinions

  1. Griffith v. KentuckySupreme Court of the United States · 1987
  2. Johnson v. MississippiSupreme Court of the United States · 1988
  3. Kenneth W. Wheat, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Department of Corrections, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
  4. Micinski v. StateIndiana Supreme Court · 1986
  5. Kelly v. StateIndiana Court of Appeals · 1988

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Robinson v. StateIndiana Supreme Court · 2004
  2. Luurtsema v. Commissioner of CorrectionSupreme Court of Connecticut · 2011
  3. Conrad v. StateIndiana Court of Appeals · 2001
  4. Sullivan v. StateIndiana Court of Appeals · 2005
  5. Gutermuth v. StateIndiana Court of Appeals · 2006

11 more not listed; retrieve them via the Exa API.

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