« Vacancy on COA 2012 - The 3 names to be forwarded to Governor Daniels | Main | About this blog - A letter to ILB readers »

Tuesday, June 05, 2012

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In Kevin C. O'Connell v. State of Indiana , an 18-page, 2-1 opinion, Judge Mathias writes:

Kevin C. O’Connell (“O’Connell”) was convicted in Delaware Circuit Court of Class C felony attempted escape, Class B misdemeanor disorderly conduct, and Class B misdemeanor public intoxication. O’Connell appeals and argues that the trial court abused its discretion when it refused O’Connell’s tendered jury instructions that inserted the word “voluntary” into the elements of the charged offenses. Concluding that the substance of O’Connell’s tendered instructions were covered by other instructions given by the trial court, we affirm. * * *

FRIEDLANDER, J., concurs.
RILEY, J., dissents with opinion. [which begins, at p. 13 of 18] I respectfully disagree with the majority’s conclusion that the trial court’s tendered jury instructions as a whole covered the substance of O’Connell’s proposed instructions.

In James Ripps v. State of Indiana, a 10-page opinion, Chief Judge Robb writes:
James Ripps pleaded guilty to child molesting as a Class C felony in March 2009. Ripps was sentenced to eight years, six years and three hundred days of which were suspended to probation. In 2011, the State filed a probation revocation petition, alleging Ripps violated the terms of his probation by residing within one-thousand feet of a youth program center and failing to inform all people living at his residence of his sexual conviction. Ripps admitted the violations and the trial court revoked his probation and ordered him to serve the remaining portion of his sentence in prison. Ripps raises one issue for our review, which we restate as whether the trial court abused its discretion by revoking Ripps’s probation and ordering him to serve the entire suspended portion of his sentence for violating terms of his probation. Concluding the trial court did abuse its discretion by revoking Ripps’s probation and ordering him to serve the remainder of his sentence in prison, we reverse.
NFP civil opinions today (3):

Milan D. Zavodny, Trustee of the Milan D. Zavodny Trust v. Evelyn Ann Pavillonis Trust U/W/A, Dated 18 March 1997 (NFP)

Performance Matters Associates and Conseco Marketing, LLC v. Patrick A. Fortune (NFP)

In the Matter of the Paternity of N.M.E., Minor Child; J.E.E., Father v. J.B., Mother (NFP)

NFP criminal opinions today (2):

Bennie Chamberlain v. State of Indiana (NFP)

Mark Shepard v. State of Indiana (NFP)

Posted by Marcia Oddi on June 5, 2012 10:00 AM
Posted to Ind. App.Ct. Decisions