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Monday, February 25, 2013

Ind. Decisions - Court of Appeals issues 1 today (and 11 NFP)

For publication opinions today (1):

In Jose Maldonado-Morales v. State of Indiana , a 7-page opinion, Sr. Judge Sharpnack writes:

Jose Maldonado-Morales appeals his conviction of domestic battery in the presence of a child, a Class D felony. Ind. Code § 35-42-2-1.3 (2006). We affirm.

The sole issue in this appeal is whether the trial court abused its discretion when it instructed the jury on the doctrine of transferred intent. * * *

In a muddled argument, Maldonado-Morales appears to claim that the transferred intent instruction was improper in this case because domestic battery (the offense he committed by hitting Justo) and battery (the offense he would have committed had he hit Ortega) are distinct offenses that require a different mens rea such that transferred intent cannot apply. * * *

Thus, the two offenses of battery and domestic battery do not require a different mens rea as suggested by Maldonado-Morales; rather, both offenses require a showing beyond a reasonable doubt of a “knowing or intentional” touching in a rude, insolent, or angry manner. The additional elements are facts that the State must prove beyond a reasonable doubt; however, there is no requirement that the state prove that Maldonado-Morales acted knowingly or intentionally as to the status of the victim or the presence of a child.

NFP civil opinions today (5):

In the Matter of the Term. of the Parent-Child Rel. of: L.M. and M.M. v. The Indiana Dept. of Child Services (NFP)

Tamara Downie, formerly Tamara Reed v. Jason Reed (NFP)

Shawn J. Fuller v. Carrie R. Fuller (NFP)

In the Matter of the Term. of the Parent-Child Rel. of: L.W., M.R. v. Indiana Dept. of Child Services (NFP)

Darrell L. Weightman and Donna Weightman v. Brian A. Nellis (NFP)

NFP criminal opinions today (6):

Steven Bethel v. State of Indiana (NFP)

Juan Beamon v. State of Indiana (NFP)

James Eskridge v. State of Indiana (NFP)

Michael T. Ivy v. State of Indiana (NFP)

Martel D. Cross v. State of Indiana (NFP)

Robert Stokes v. State of Indiana (NFP)

Posted by Marcia Oddi on February 25, 2013 12:58 PM
Posted to Ind. App.Ct. Decisions