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Wednesday, March 26, 2008

Ind. Decisions - Court of Appeals issues 1 today (and 12 NFP)

For publication opinions today (1):

In Jaimen Scruggs v. State of Indiana , a 6-page opinion, Judge Najam writes:

Jaimen Scruggs appeals her conviction for Neglect of a Dependent, as a Class A misdemeanor, following a bench trial. She presents a single issue for our review, namely, whether the State presented sufficient evidence to support her conviction. We reverse. * * *

A conviction on the scant evidence presented in this case would amount to a per se rule that merely leaving a seven-year-old child home alone for any period of time constitutes neglect of a dependent, as a Class D felony. We do not read the statute and relevant case law to support that result. * * * We agree with the trial court that this is a close case, but the State bore the risk of nonpersuasion and has failed to prove the mens rea element of the crime.

NFP civil opinions today (2):

Sharon McLavey-Ford v. Gary W. Ford (NFP) - "Sharon McLavey-Ford (“Wife”) appeals from the trial court’s order (“Order”) denying her motions to set aside a property settlement agreement without a hearing." Affirmed.

Edmund W. Ade v. Joann C. Ade (NFP) - "Edmund Ade (“Husband”) appeals from the trial court’s dissolution decree which ended his marriage to JoAnn Ade (“Wife”)." Affirmed.

NFP criminal opinions today (10):

Rageing Warr v. State of Indiana (NFP)

Edgar Hernandez v. State of Indiana (NFP)

Jason Lynn v. State of Indiana (NFP)

Robert Deshawn McCollum v. State of Indiana (NFP)

John David Haddix v. State of Indiana (NFP)

Raylon Young v. State of Indiana (NFP)

Lamont Darion Taylor v. State of Indiana (NFP)

Otis L. Reed v. State of Indiana (NFP)

Joseph C. Jenkins, Jr. v. State of Indiana (NFP)

George Leachman v. State of Indiana (NFP)

Posted by Marcia Oddi on March 26, 2008 01:10 PM
Posted to Ind. App.Ct. Decisions