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Friday, January 28, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 8 NFP)

For publication opinions today (2):

In Keith Eberle v. State of Indiana, a 24-page opinion, Judge Darden writes:

Keith Eberle appeals his convictions, after a jury trial, for class D felony intimidation, class C felony stalking, and two counts of class B misdemeanor harassment. We affirm and remand with instructions.

ISSUES 1. Whether the State established that Ohio County was a proper venue for trial. 2. Whether the trial court properly refused Eberle’s proposed venue instructions. 3. Whether sufficient evidence supports Eberle’s convictions. 4. Whether the trial court’s failure to vacate lesser-included offenses that were merged for purposes of sentencing violated Indiana’s prohibition against double jeopardy.

In Christopher West v. State of Indiana , a 9-page opinion, Judge Riley writes:
Appellant-Defendant, Christopher West (West), appeals his convictions of Count I, using fraud or misrepresentation in the offer or sale of a security, a Class C felony, Ind. Code § 23-2-1-12; Count II, the offer or sale of an unregistered security, a Class C felony, I.C. § 23-2-1-3; and Count III, the offer or sale of a security by an unregistered broker-dealer, a Class C felony, I.C. § 23-2-1-8.1 We affirm.

ISSUES West raises three issues for our review, which we restate as follows:(1) Whether the trial court erred in denying West’s motion to dismiss;(2) Whether the trial court erred in instructing the jury; and(3) Whether there is sufficient evidence to support West’s convictions.

NFP civil opinions today (1):

In Luiz Alves v. Damon R. Leichty, et al. (NFP), a 5-page opinion, Judge Friedlander writes:

Luiz Alves, pro se, appeals from the trial court’s order granting summary judgment in favor of Damon R. Leichty, James W. Tuesley, and Barnes & Thornburg LLP (collectively, B & T) and entering judgment on B & T’s counterclaim against Alves in the amount of $93,992.40 plus costs. Alves presents two issues for our review, of which the following is dispositive: Did the trial court err by granting summary judgment in favor of B & T on its counterclaims for account, account stated, and services rendered? We affirm.
NFP criminal opinions today (7):

In State of Indiana v. Jermain Blue (NFP), an opinion on a motion for rehearing, Chief Judge Robb writes:

The State petitions this court for rehearing of our November 3, 2010 opinion. In that opinion, we affirmed the trial court’s suppression of evidence obtained pursuant to a search warrant that was invalid under the fruit of the poisonous tree doctrine. State v. Blue, Cause No. 02A03-1003-CR-139 (Ind. Ct. App., Nov. 3, 2010). The warrant referred to evidence obtained in several trash pulls but not to the initial trash pull, which police conducted without reasonable suspicion. Concluding the initial trash pull was improper and that the following trash pulls and investigation were fruits of the poisonous tree, we deemed the warrant invalid and affirmed the trial court’s suppression of evidence obtained under the authority of the warrant. The State’s primary argument on rehearing is that the improper first trash pull was a single act in an ongoing investigation of Blue, and therefore its impropriety did not render all subsequent investigatory actions – and the subsequent affidavit and search warrant – invalid. We grant the State’s petition for rehearing to clarify our reasoning under the fruit of the poisonous tree doctrine, but reaffirm our opinion in all respects.
Dennis J. Turner v. State of Indiana (NFP)

Travis R. Rush v. State of Indiana (NFP)

John Wilson v. State of Indiana (NFP)

Nikol Hutnik v. State of Indiana (NFP)

O.V. v. State of Indiana (NFP)

Pretiss Huff v. State of Indiana (NFP)

Posted by Marcia Oddi on January 28, 2011 01:38 PM
Posted to Ind. App.Ct. Decisions