The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 23 NFP)

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Wednesday, November 28, 2007

Ind. Decisions - Court of Appeals issues 2 today (and 23 NFP)

For publication opinions today (2):

In State of Indiana v. Adam L. Manuwal, a 14-page, 2-1 opinion, Chief Judge Baker writes:

Today we have the occasion to decide whether the trial court correctly determined that a driver of an all terrain vehicle (ATV) should not be prosecuted for driving under the influence of alcohol on his own property pursuant to Indiana Code sections 9-30-5-1 and –2, the statutes governing the offense of operating a vehicle while intoxicated. When examining the relevant provisions, it is apparent that the State should have instead proceeded against Manuwal pursuant to Indiana Code section 14-16-1-23, the statute governing a defendant’s operation of an off-road vehicle while under the influence of an alcoholic beverage.

Appellant-plaintiff State of Indiana (the State) appeals the grant of appellee-defendant Adam L. Manuwal’s motion to dismiss—which Manuwal styled as a “verified petition for judicial review of probable cause and motion to suppress” (verified petition)—claiming that the trial court erred in concluding that Manuwal could not be prosecuted for Operating a Vehicle While Intoxicated Endangering a Person, a class A misdemeanor (OWI), on his own property. The State contends that prosecuting Manuwal for the alleged commission of the charged offense should proceed because the OWI statues make no distinction between operating a vehicle on private and public property. Concluding that Manual’s verified petition was properly granted, we affirm the judgment of the trial court. * * *

[U]nlike the OWI statutes—which require an operator’s license—there is no requirement that an individual must possess a driver’s license to operate an off-road vehicle on private property. For these reasons, we conclude that the trial court properly granted Manuwal’s verified petition because he was improperly charged under the general OWI statutes. The judgment of the trial court is affirmed.

BAILEY, J., concurs.
VAIDIK, J., dissents with opinion. [which begins] I respectfully dissent. First, although permissible, I find it problematic that the majority has created an argument on behalf of the defendant, completely altering the stated issue in this appeal. Second, after raising the issue of improper charging sua sponte, I believe that the majority improperly applies the law.

Gerald A. Rickert v. State of Indiana - "Gerald A. Rickert appeals his conviction for Robbery While Armed with a Deadly Weapon,1 a class B felony, as well as his sentencing enhancement for being a habitual offender. Rickert presents the following restated issues for review: 1. Did the State present sufficient evidence to support his robbery conviction? 2. Did the trial court improperly sentence Rickert with respect to his habitual offender enhancement? We affirm."

NFP civil opinions today (9):

Sebastian Chapman v. J. Mulroony, J. Pemberton, J. Hannish, and Lt. Brough (NFP) - "Sebastian Chapman is appealing a judgment in favor of various State prison officials regarding his claims for alleged civil rights violations under 42 U.S.C. Section 1983 (Section 1983)." Affirmed.

In Re: The Adoption of H.H.; Terry Hamrick v. Bradley Wright (NFP) - "Terry Hamrick (“Father”) appeals the trial court’s denial of his motion to correct error following its determination that his consent was unnecessary to the adoption of his daughter, H.H., by Bradley Wright (“Wright”). We affirm."

Marlan C. Bonds v. Carl Nelson Rutt, M.D. (NFP) - "Marlan Bonds, pro se, appeals an October 30, 2006 order dismissing his medical malpractice action. We affirm."

Dennis Hoffman, Eric Harvey, et al v. WCC Equity Partners, L.P., Eaton Excavating Inc., et al (NFP) - "Because the Neighbors did not provide the trial court with properly designated evidence supporting arguments in opposition to summary judgment, we cannot review the grant of summary judgment in favor of Benchmark and Eaton. Affirmed."

Traci C. Christensen v. J.R. Rumpza Chevrolet, Inc. (NFP) - "Traci D. Christensen appeals from the trial court’s judgment in favor of J.R. Rumpza Chevrolet, Inc. (“J.R. Chevrolet”), on her unpaid wage claim. We remand for more specific findings and for a ruling on the issue of J.R. Chevrolet’s allegedly improper withholding of Christensen’s health insurance premiums."

Max Stillwell v. Deer Park Management (NFP)

Sebastian Chapman v. Steve McCauley, Jayne Grimes, J. Mulroony, et al (NFP) - "Sebastian Chapman is appealing a judgment in favor of various State prison officials regarding his claims for alleged civil rights violations under 42 U.S.C. Section 1983 (Section 1983)." Affirmed.

In the Matter of A.M. V. State of Indiana (NFP) - "A.M. appeals his adjudication as a delinquent child for committing an act that, if committed by an adult, would constitute Child Molesting, as a class B felony." Affirmed.

Joel T. Boucher v. Huntington County Community School Corporation (NFP) - "We affirm the trial court’s grant of summary judgment in favor of Huntington because Boucher did not raise the issue of Huntington’s compliance with Indiana Code Section 20-28-7-2(c) at the hearing before the Board."

NFP criminal opinions today (14):

Terrie L. James v. State of Indiana (NFP)

Gregory Minor v. State of Indiana (NFP)

Wardell D. Wright v. State of Indiana (NFP)

Michael L. Erickson v. State of Indiana (NFP)

Jeffrey L. McNeil v. State of Indiana (NFP)

Charles Hardy v. State of Indiana (NFP)

Rodney Boatright v. State of Indiana (NFP)

Charles E. White v. State of Indiana (NFP)

Thomas Rayford v. State of Indiana (NFP)

Etakase Collins v. State of Indiana (NFP)

Tina Porter v. State of Indiana (NFP)