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Friday, December 21, 2012

Ind. Decisions - Court of Appeals issues 3 today (and 5 NFP)

For publication opinions today (3):

In Kenneth S. Tipton v. State of Indiana , a 13-page opinion, Judge May writes:

Kenneth Tipton was convicted of Class C felony criminal recklessness; Class D felony dealing in marijuana; and being an habitual offender after he shot at a house during a standoff with police. He argues on appeal the evidence was insufficient to convict him of criminal recklessness because that offense requires proof there was a risk of injury to a person, but nobody was in the house when he shot at it. We affirm. * * *

As explained above, we believe someone shooting a gun at a residence may, for purposes of a criminal recklessness prosecution, create a substantial risk of bodily injury to another person even if the resident is away from home at the moment of the shooting. We must accordingly affirm Tipton’s conviction.

In Patrick Austin v. State of Indiana , a 16-page opinion, Judge May writes:
Patrick Austin appeals his conviction of and sentence for two counts of possession of cocaine as Class A felonies. Austin argues: the trial court erred by denying his motion for discharge under Criminal Rule 4; the trial court abused its discretion by admitting contested evidence; the trial court abused its discretion by rejecting his tendered jury instruction regarding constructive possession; and the sentence assigned by the trial court was both an abuse of discretion and inappropriate based on Austin’s character and offenses. We affirm.
In Steven E. Malloch v. State of Indiana , a 39-page opinion, Sr. Judge Sharpnack writes:
Steven E. Malloch appeals his conviction for Class A felony child molesting, Ind. Code § 35-42-4-3(a)(1) (1998), for an incident involving his stepdaughter. We affirm.
NFP civil opinions today (1):

Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (4):

Charles D. Stutz v. State of Indiana (NFP)

Michael R. Anderson, Jr. v. State of Indiana (NFP)

Joseph Lamar Johnson v. State of Indiana (NFP)

Anthony K. McCullough v. State of Indiana (NFP)

Posted by Marcia Oddi on December 21, 2012 02:04 PM
Posted to Ind. App.Ct. Decisions