Wednesday, March 23, 2011
Ind. Decisions - Court of Appeals issues 4 today (and 13 NFP)
For publication opinions today (4):
Donna Smith, et al. v. Emmanuel Temple Penecostal Churches, et al. - 16-page opinion affirms trial court in dispute over dismissal of a pastor. COA cites Cole v. Hart, 725 N.E.2d 145 (Ind. Ct. App. 2000), trans. denied. Quote:
As we observed in Cole, “[c]ivil courts are precluded from resolving disputes involving church affairs if resolution of the disputes cannot be made without extensive inquiry into religious law and polity.”In Troy R. Smith v. State of Indiana , a 13-page opinion, Chief Judge Robb writes:
Troy R. Smith appeals the trial court's revocation of his probation for failure to pay child support weekly, a condition of his probation. On appeal, he raises one issue which we restate as two: whether the State satisfied its burden, if any, to prove 1) Smith's failure to pay was reckless, knowing, or intentional; or 2) his ability to pay. Concluding the State bears the burden to prove Smith recklessly, knowingly, or intentionally failed to pay his child support weekly, that proving such requires Smith's ability to pay, and that the State failed to satisfy its burden, we reverse.In Andrew McWhorter v. State of Indiana, a 5-page opinion, Sr. Judge Barteau writes:
Petitioner-Appellant Andrew McWhorter appeals the denial of his petition for post-conviction relief. We affirm.In Shawn Green v. State of Indiana , a 7-page opinion, Judge Mathias writes:
McWhorter raises one issue, which we restate as: whether the trial court erred by accepting his guilty plea to a charge of residential entry, a Class D felony. Ind. Code § 35-43-2-1.5 (1991).
Shawn Green (“Green”) was convicted of two counts of Class C felony forgery in Marion Superior Court. Green appeals his convictions and argues that the evidence is insufficient to support his convictions. Specifically, he argues that his act of electronically signing a credit card receipt cannot constitute forgery as a matter of law. Concluding that the State proved the elements of forgery beyond a reasonable doubt, we affirm. * * *NFP civil opinions today (6):
Without question, an individual who, with intent to defraud, signs a credit card sales receipt “in such a manner that it purports to have been made . . . by another person” commits forgery. See I.C. § 35-43-5-2. But Green urges us to conclude he is not guilty of forgery because he electronically signed a credit card sales receipt.
Unfortunately for Green, under Indiana law, electronic signatures have the same force and effect as written signatures. Indiana Code section 26-2-8-106 (Supp. 2008) * * *
For all of these reasons, we conclude that Green “made” a “written instrument” when he signed Kellie Dayoff's name in the electronic box on the electronic point of sale terminal. The sales transaction was not complete until Green electronically signed the credit card receipt. Furthermore, upon completion of the sales transaction, Speedway gave Green a paper copy of the receipt that included his forged signature. This evidence was sufficient to sustain Green's Class C felony forgery convictions.
NFP criminal opinions today (7):
Posted by Marcia Oddi on March 23, 2011 12:30 PM
Posted to Ind. App.Ct. Decisions