Thursday, February 23, 2012
Ind. Decisions - Court of Appeals issues 3 today (and 9 NFP)
For publication opinions today (3):
In Keith Woodson v. State of Indiana, an 18-page opinion, Judge Barnes writes:
Keith Woodson appeals the denial of his petition for post-conviction relief (“PCR petition”), which challenged his convictions for murder and Class A misdemeanor carrying a handgun without a license. We affirm. * * *In Eriberto Quiroz v. State of Indiana , a 15-page opinion, Judges Mathias concludes:
The post-conviction court was not clearly erroneous in finding that Harper's cross-examination of Owens and Johnson was not ineffective and that Harper was not ineffective for not attempting to procure the services of an eyewitness identification expert for Woodson's second trial. We affirm the denial of Woodson's PCR petition.
The State presented evidence sufficient to support Quiroz’s convictions for both Class A felony and Class C felony child molesting. However, because the only evidence supporting the Class C felony conviction was precisely the same evidence used to support his Class A felony conviction, his conviction of both crimes constitutes impermissible double jeopardy. We therefore reverse Quiroz’s conviction for Class C felony child molesting and remand with instructions that the trial court vacate the conviction and sentence on this count. The trial court did not commit fundamental error by including in the jury instructions the charging information that included charges which had been previously dismissed. Lastly, Quiroz’s forty-year sentence is not inappropriate in light of the nature of the offenses and the character of the offender.In Bernard Short v. State of Indiana , an 8-page opinion, Judge Barnes concludes:
Affirmed in part, reversed in part, and remanded for proceedings consistent with this opinion.
The trial court did not abuse its discretion by admitting the results of the chemical breath test, and the trial court properly rejected Short’s proposed jury instruction. We affirm.NFP civil opinions today (6):
NFP criminal opinions today (3):
Posted by Marcia Oddi on February 23, 2012 11:21 AM
Posted to Ind. App.Ct. Decisions