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Thursday, December 22, 2011

Ind. Decisions - Court of Appeals issues 1 today (and 19 NFP)

For publication opinions today (1):

In Carl A. Staples v. State of Indiana , a 5-page opinion, Judge Friedlander writes

Did the trial court abuse its discretion by concluding that Staples had committed a crime of domestic violence thus rendering it illegal for him to possess a firearm? We affirm. * * *

Staples argues that the trial court abused its discretion by entering its determination that he had committed a crime of domestic violence because he was convicted of class A misdemeanor battery and not domestic battery. This argument fails, however, because by statute a crime of domestic violence is defined as having particular elements committed against persons who have a particular relationship with the defendant. I.C. § 35-41-1-6.3. A conviction for domestic battery is not a prerequisite for a determination that the defendant committed a crime of domestic violence. * * *

Essentially, Staples contends that there was no evidence to establish that they were members of the same household. This argument implies that there must be direct evidence of that relationship. Such is not the case. Circumstantial evidence is sufficient to sustain a conviction if the trier of fact finds that it establishes the defendant’s guilt beyond a reasonable doubt.

NFP civil opinions today (6):

Nicole Nelson v. Review Board of Workforce Development and Madison Center, Inc. (NFP)

Gary J. Harrison v. Linda Turner and Deborah Hric (NFP)

In the Matter of the Term. of the Parent-Child Rel. of T.D.T., T.T.T., and M.T., and A.D.T. v. The Indiana Dept. of Child Services (NFP)

Senior Market Development, LLC and Ahren Baumgart v. Titan Financial Group, LLC (NFP)

Mary Lou Duff v. Shawn D. Duff and Rebecca Duff (NFP)

Term. of Parent-Child Rel. of T.C. and K.N.; A.N. (Mother) and J.C. (Father) v. Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (13):

Valgene Royal v. State of Indiana (NFP)

James Lowery v. State of Indiana (NFP)

Jeremy Dewayne Matheny v. State of Indiana (NFP)

Katie Herrera v. State of Indiana (NFP)

Matthew P. Philbee v. State of Indiana (NFP)

Stephen N. Kohlmeyer v. State of Indiana (NFP)

Dewayne A. Dunn v. State of Indiana (NFP)

George Parker v. State of Indiana (NFP)

R.S. v. State of Indiana (NFP)

Roy N. Viverette, Jr. v. State of Indiana (NFP)

Nathaniel Bobo v. State of Indiana (NFP)

Curtis W. Birner v. State of Indiana (NFP)

Shawn Thomas v. State of Indiana (NFP)

Posted by Marcia Oddi on December 22, 2011 01:57 PM
Posted to Ind. App.Ct. Decisions