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Tuesday, November 27, 2007
Ind. Decisions - Court of Appeals issues 3 today (and 10 NFP)
For publication opinions today (3):
William McDermott v. State of Indiana - "Under the unique facts and circumstances of this case, we find that the State has met its difficult burden of demonstrating probable cause as well as exigent circumstances that overcome the presumption of unreasonableness that attaches to all warrantless home entries. The trial court’s decision is not against the logic and effect of the facts and circumstances before it. Therefore, we do not find that the trial court abused its discretion when it denied McDermott’s motion to suppress."
Theodore Wittl v. State of Indiana - "Theodore Wittl (“Wittl”) pleaded guilty in Marion Superior Court to Class D felony auto theft and Class A misdemeanor criminal recklessness and was ordered to pay $4,918.80 in restitution to Hertz Rental Car of Louisville, Kentucky (“Hertz”). Wittl appeals the amount of ordered restitution. We affirm."
Brian Woods v. State of Indiana - "Brian Woods (“Woods”) was placed on probation in 2002. This case arises from the decision of the Marion Superior Court to revoke Woods’s probation. Woods claims upon appeal that the trial court denied him due process by preventing him from explaining why he violated the terms of his probation. We affirm."
NFP civil opinions today (2):
In the Matter of K.H. v. State of Indiana (NFP) - "Given K.H.’s failure to respond to the numerous lesser measures already afforded her, we cannot say that the juvenile court abused its discretion by concluding that its disposition was the least restrictive alternative consistent with the safety of the community and the best interests of the child. Thus, we cannot say that the juvenile court abused its discretion by making K.H. a ward of the DOC and recommending a six month commitment to the DOC."
Johann L. Backer v. Portage Twp. of St. Joseph County and Portage Twp. Trustee (NFP) - "In sum, the evidence most favorable to the judgment indicates that the Trustee gathered information regarding Backer’s application, applied its guidelines to that information, and granted partial assistance accordingly. The evidence supports the trial court’s findings and the findings support its judgment to uphold the Board’s decision to affirm the Trustee’s notice of poor relief action."
NFP criminal opinions today (8):
Jamar Thomas v. State of Indiana (NFP)
Thomas Morgan, Jr. v. State of Indiana (NFP)
Charles Rigdon v. State of Indiana (NFP)
Richard B. Jessup v. State of Indiana (NFP)
Romaine C. Carter v. State of Indiana (NFP)
Larry Washington v. State of Indiana (NFP)
Terry D. Bryant v. State of Indiana (NFP)
Leroy H. Hall v. State of Indiana (NFP)
Posted by Marcia Oddi on November 27, 2007 01:18 PM
Posted to Ind. App.Ct. Decisions