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Friday, January 04, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP)

For publication opinions today (1):

In State of Indiana v. Daniel E. Riley, a 7-page opinion, Chief Judge Robb writes:

The State appeals the trial court’s dismissal of Class B misdemeanor battery charges against Daniel Riley. The State raises one issue on appeal, which we restate as whether the trial court abused its discretion in granting Riley’s motion to dismiss. Concluding that the trial court did abuse its discretion, we reverse. * * *

While there may be several possible grounds for dismissal of an information, we can find no support for the proposition that Smoot [Audrey Smoot, an Indiana Gaming Agent] acting as affiant would be one of them. Nor has any other basis been alleged. While it may be more common to have a law enforcement officer or prosecutor affirm the information, it is not required by the plain language of the statute, nor by any case law that we can find or that the parties cite. * * *

Because the information was proper even with Smoot as an affiant, and because there appears to have been no other basis for the dismissal (other than possibly a mistaken belief that an unauthorized investigation would affect the information), the trial court abused its discretion in granting the dismissal.

NFP civil opinions today (1):

Rori Property Holdings, LLC, et al. v. McCullough Construction Company, Inc. (NFP)

NFP criminal opinions today (2):

Sherry K. Kohues v. State of Indiana (NFP)

Ricky J. Gellinger v. State of Indiana (NFP)

Posted by Marcia Oddi on January 4, 2013 10:14 AM
Posted to Ind. App.Ct. Decisions