The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 5 today (and 19 NFP)

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Wednesday, April 04, 2007

Ind. Decisions - Court of Appeals issues 5 today (and 19 NFP)

For publication opinions today (5):

Andre Goodman v. State of Indiana - "The trial court sentenced him to an aggregate sentence of ten years executed to be served in the Department of Correction. Upon appeal, Goodman challenges the sufficiency of the evidence to support his convictions and the propriety of the court’s enhancing his sentence based upon the habitual offender allegation. We affirm in part, reverse in part, and remand." A dissent writes: "I vote to affirm the habitual offender enhancement of Goodman’s sentence."

Donald Lightcap, Jr. v. State of Indiana - "We conclude that the trial court did not violate Lightcap’s due process rights in incorporating testimony and evidence from his previous criminal trial before the same trial court, and we further conclude that Lightcap has waived his claim of insufficiency of evidence by failing to provide this court with an adequate record."

Mark Kazmier v. State of Indiana - "Specifically, Kazmier argues that (1) there was insufficient evidence to support his conviction, and (2) the trial court’s domestic violence determination constituted judicial factfinding in violation of the rule announced in Blakely v. Washington.2 Finding that the evidence was sufficient and that the domestic violence determination did not violate Kazmier’s Sixth Amendment rights under Blakely, we affirm the judgment of the trial court."

State of Indiana v. Dean Taylor - "The State appeals from the Gibson Circuit Court’s judgment on the evidence. Dean Taylor (“Taylor”) was charged with Class D felony possession of methamphetamine and Class A misdemeanor possession of marijuana. Upon review of the record, we conclude that the trial court erroneously granted Taylor’s motion for judgment on the evidence, but we affirm the trial court’s judgment because double jeopardy precludes us from vacating the judgment and remanding for a new trial."

State of Indiana v. Jacob Robinson - "Specifically, the State argues that the trial court erred in determining that a detainer had been properly lodged against Robinson under the Interstate Agreement on Detainers3 (IAD). As a result, the State contends that the trial court erroneously concluded that Robinson could not be prosecuted because of the 180-day time limitation under the IAD. Concluding that the trial court erred in granting Robinson’s motion to dismiss because a proper detainer had not been lodged against him that would trigger the 180-day time limitation, we reverse and remand with instructions that the trial court reinstate the charge."

NFP civil opinions today (10):

In the Matter of B.M., Quentin Cole, Jr. v. Marion Co. Dept. of Child Services [This is NFP]

Invol. Term. of Parent-Child Rel. of C.K., J.K., M.K., S.K., & L.K., Anthony McNary, et al v. Marion Co. Dept. of Child Services and Child Advocates (NFP)

In Re: T.M.; Ray Lothamer v. DeKalb County Department of Family & Children (NFP)

Ann Marie Agostino n/k/a Ann Marie Sabino v. Frank James Agostino (NFP)

Jazzlyn Taylor, Eric Taylor and Gail Taylor v. Samuel L. Jacobs, and William W. Hurst (NFP)

Shirley Ann Minks v. Glenn Douglas Minks (NFP)

Paternity of N.S.L.; Karen S. Gramling v. Steven A. LeFebvre (NFP)

Oscar Guillen, Sr. v. Mr. Huckins & Mr. Dorsey (NFP)

Town of Argos v. Harold & Verna Stevens (NFP)

Brian W. Catt v. M. Skeans & C. Skeans (NFP)

NFP criminal opinions today (9):