Powell v. State
Indiana Court of Appeals
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
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- Kenneth W. Wheat, Cross-Appellant v. Morris Thigpen, Commissioner, Mississippi Department of Corrections, Cross-AppelleesCourt of Appeals for the Fifth Circuit · 1986
- Micinski v. StateIndiana Supreme Court · 1986
- Kelly v. StateIndiana Court of Appeals · 1988
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