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Thursday, January 17, 2013

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

For publication opinions today (3):

Steven A. Ballaban v. Bloomington Jewish Community, Inc., a/k/a Congregation Beth Shalom, Paul Eisenberg, Judith Rose, Sarah Wasserman, Lynne Foster Shifriss, and Roberta "Didi" Kerler

In Kyle W. Dixon v. Ara J. Dixon , an 8-page opinion, Judge Kirsch writes:

Kyle W. Dixon (“Father”) appeals the trial court’s order granting the notice of intent to relocate filed by Ara J. Dixon (“Mother”). Father raises the following restated issue for our review: whether the trial court abused its discretion in granting Mother’s notice of intent to relocate because it did not take into account the effect of the move on the best interests of the children. We affirm.
In Daniel Brewington v. State of Indiana, a 44-page opinion, Sr. Judge Darden writes:
Daniel Brewington appeals his convictions for three counts of intimidation, two as Class A misdemeanors and one as a Class D felony, Ind. Code § 35-45-2-1 (2006); one count of attempted obstruction of justice, a Class D felony, Ind. Code §§ 35-44.1-2-2 (2012), 35-41-5-1 (1977); and one count of perjury, a Class D felony, Ind. Code § 35-44.1-2-1 (2012). We affirm in part, reverse in part, and remand with instructions.

Brewington raises five issues, which we expand and restate as:
I. Whether the court abused its discretion by impaneling an anonymous jury.
II. Whether the court erred by admitting a custody evaluation and a divorce decree into evidence.
III. Whether one of Brewington’s convictions for intimidation and his conviction for attempted obstruction of justice violate the Indiana Constitution’s double jeopardy clause.
IV. Whether the evidence is sufficient to sustain Brewington’s convictions.
V. Whether the court’s final jury instructions were erroneous. * * *

For the reasons stated above, Brewington’s convictions and sentences for Count I, intimidation of Dr. Connor, and Count III, intimidation of Heidi Humphrey, must be vacated. We reverse those convictions and remand with instructions to vacate those convictions. Vacatur does not alter Brewington’s aggregate sentence. The trial court’s judgment is in all other respects affirmed.

NFP civil opinions today (1):

Jeff Clade v. Hunt Construction Group, Inc. (NFP)

NFP criminal opinions today (4):

Marilyn Carter v. State of Indiana (NFP)

B.B., Jr. v. State of Indiana (NFP)

Steven Newville v. State of Indiana (NFP)

Garrick P. Twiford, Jr. v. State of Indiana (NFP)

Posted by Marcia Oddi on January 17, 2013 11:33 AM
Posted to Ind. App.Ct. Decisions