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Monday, December 05, 2011

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

For publication opinions today (2):

In Linzy C. Clark v. State of Indiana , a 12-page opinion, Judge Vaidik writes:

Linzy C. Clark appeals the trial court’s denial of his motion to dismiss the notice of probation violation because the State did not file it within forty-five days of receiving notice of the violation. This case presents a unique question because Clark’s probation was transferred from Madison County to Tippecanoe County. Tippecanoe County – the receiving court with supervisory authority – had notice of Clark’s violation, but Madison County – the sentencing court – did not. Because we find that notice to the receiving court is notice to the sentencing court and Madison County did not file the notice within forty-five days of receiving notice of the violation, we conclude that the trial court abused its discretion in denying Clark’s motion to dismiss. We therefore reverse the trial court.
In Jason Jones v. State of Indiana , a 15-page opinion, Judge Vaidik writes:
Jason Jones appeals his conviction for Class B felony dealing in methamphetamine and Class B misdemeanor visiting a common nuisance. Having evaluated Jones' claims, we conclude that the trial court did not abuse its discretion by admitting testimony and photographs in lieu of certain physical evidence that had been destroyed by law enforcement officers in accordance with Indiana Code section 35-5-5-5. Further, the trial court did not err by allowing a law enforcement officer to testify as a skilled witness regarding the one-pot reaction method of manufacturing methamphetamine. We affirm.
NFP civil opinions today (0):

NFP criminal opinions today (2):

Gold C. Washington v. State of Indiana (NFP)

Aaron Michael Rohr v. State of Indiana (NFP)

Posted by Marcia Oddi on December 5, 2011 01:07 PM
Posted to Ind. App.Ct. Decisions