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Wednesday, May 07, 2008
Ind. Decisions - Court of Appeals issues 3 today (and 14 NFP)
For publication opinions today (3):
In Herman Filice v. State of Indiana , a 26-page opinion, Chief Judge Baker writes:
Rohypnol, a notorious date rape drug, causes temporary amnesia by inducing extreme feelings of intoxication in a user. The facts of this case require us to address, for the first time, various legal issues surrounding a defendant’s sexual contact with a woman who was in a Rohypnol-induced state of unawareness. While there is evidence in the record that the defendant knew or should have known that the woman was impaired, there is no evidence that he administered Rohypnol to her or knew that she was under the influence of that drug.In R.E.I. v. State of Indiana, a 7-page opinion, Cheif Judge Baker writes:Appellant-defendant Herman Filice appeals his ten-year sentence and convictions for Criminal Deviate Conduct, a class B felony, and Attempted Rape, a class B felony. Specifically, Filice argues that (1) the trial court abused its discretion by denying his motion to dismiss the attempted rape charge on the ground that Indiana Code section 35-42-4-1(a)(2) is unconstitutionally vague; (2) the trial court abused its discretion by admitting the results of the victim’s blood test showing the presence of Rohypnol; (3) the evidence was insufficient to sustain his convictions; (4) the trial court abused its discretion by refusing to give one of Filice’s proposed jury instructions; (5) the trial court abused its discretion by finding the nature and circumstances of the crimes to be an aggravating factor; and (6) his ten-year sentence is inappropriate in light of the nature of the offenses and his character. Finding Filice’s sentence to be inappropriate in light of the nature of the offenses and his character and finding no other reversible error, we affirm in part, reverse in part, and remand with instructions to vacate the sentence and impose a term of eight years imprisonment for each conviction, with the sentences to run concurrently, for an aggregate term of eight years imprisonment.
Appellant-respondent R.E.I. appeals the juvenile court’s order requiring him to register as a sex offender. Specifically, R.E.I. argues that (1) the juvenile court did not have jurisdiction over him because it did not file a motion to reinstate jurisdiction after he was released from the Department of Correction (DOC), and (2) he was twenty-one years old when the evidentiary hearing was held and the order was issued. Finding no error, we affirm the judgment of the juvenile court.Note: There is no appellate docket for this case.
In Nature's Link, Inc. v. Thomas and Amy Przybyla , an 18-page opinion, Judge Riley writes:
Nature’s Link raises two issues on appeal, one of which we find dispositive and which we restate as: Whether the trial court properly ordered a new trial pursuant to T.R. 60(B)(3) after finding that Nature’s Link’s medical expert changed his diagnosis and opinion of Przybyla’s injuries at trial without having previously disclosed this new diagnosis to Przybyla. * * *NFP civil opinions today (4):Based on the foregoing, we find that the trial court properly ordered a new trial pursuant to T.R. 60(B)(3) after finding that Nature’s Link’s medical expert changed his diagnosis and opinion of Przybyla’s injuries at trial without having previously disclosed this new diagnosis to Przybyla. Affirmed.
In Re: The Parent-Child Term. of E.H., J.H., and N.B. v. Gibson County Department of Child Services (NFP) - affirmed.
Shade Ishola-Gbenla and Huntington Nat'l. Bank v. Gateway West Townhouse (NFP) - "Shade argues that the trial court improperly awarded summary judgment to Gateway. Specifically, Shade contends that Gateway presented no evidence to the trial court supporting the amount of maintenance fees owed by Shade to Gateway besides Stern’s self-serving affidavit. Further, she contends that she is owed an offset for damages inflicted upon her car by vandals. * * * For the foregoing reasons, we conclude that the trial court properly awarded summary judgment to Gateway."
Scott Wickersham, Inc., Jack G. Kennedy, III, and Perry Scott Wickersham v. Darien C. Wilson (NFP) - "Jack G. Kennedy, III, appeals a judgment in favor of Darien C. Wilson. Kennedy raises two issues, which we restate as: I. Whether the trial court abused its discretion by denying Kennedy’s motion to correct error concerning a motion for mistrial filed by Kennedy’s co-defendants; and II. Whether the jury’s verdict is excessive. We affirm."
NFP criminal opinions today (10):
Carl Walker v. State of Indiana (NFP)
Lynn Sams v. State of Indiana (NFP)
Julie Bosley v. State of Indiana (NFP)
Willie Jarvis v. State of Indiana (NFP)
Jimmy L. Murphy v. State of Indiana (NFP)
Curtis Hoby Hammons v. State of Indiana (NFP)
Charles E. Dent v. State of Indiana (NFP)
Timothy Huffman v. State of Indiana (NFP)
James O. Hill, Jr. v. State of Indiana (NFP)
Keith L. Preer, Sr. v. State of Indiana (NFP)
Posted by Marcia Oddi on May 7, 2008 12:33 PM
Posted to Ind. App.Ct. Decisions