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Tuesday, February 05, 2013

Ind. Decisions - Court of Appeals issues 3 today (and 9 NFP)

For publication opinions today (3):

In Ignacio Perez v. State of Indiana , an 18-page opinion, Judge Baker writes:

In this interlocutory appeal, the appellant-defendant, Ignacio Perez, challenges the trial court’s denial of his motion to suppress evidence that police officers seized from his person and his residence.

Notwithstanding Perez’s arguments, we find that the detention, arrest, and search incident to that arrest were reasonable and did not violate Perez’s right to be free from unreasonable search and seizure under the Fourth Amendment to the United States Constitution. Moreover, we conclude that a “dog sniff” outside Perez’s residence was reasonable, and that there was probable cause for the issuance of a search warrant. Thus, the seizure of cocaine from Perez’s residence was proper and the trial court properly denied his motion to suppress.

Finally, we conclude that there was no violation of Perez’s rights under Article I Section 11 of the Indiana Constitution. We therefore remand this cause for trial.

In Keiyun L. Mays v. State of Indiana , aan 8-page opinion, Judge Bradford writes:
Sixteen-year-old D.K. was asleep in her bed when she felt someone on top of her, beating and stabbing her on her head and upper body. As the attack progressed, D.K. was struck several times with a tire iron, was stabbed several times, lost consciousness three times, and urinated on herself. At some point, D.K. recognized that her attacker was Appellant-Defendant Keiyun Mays, known to her because he had dated her sister. D.K. eventually escaped from Mays and obtained assistance. A jury found Mays guilty of Class B felony criminal confinement, and the trial court sentenced him to fifteen years of incarceration and found him to be a sexually violent predator (“SVP”). Mays contends that the trial court abused its discretion in sentencing him, that the State produced insufficient evidence to sustain an SVP finding, and that the SVP interview process violated his right against self-incrimination such as to constitute fundamental error. Concluding that all of Mays’s arguments are without merit, we affirm.
In Vance R. Pace v. State of Indiana , a 16-page opinion, Judge Pyle writes:
Vance R. Pace (“Pace”) appeals from the post-conviction court’s order denying his petition for post-conviction relief, which sought to set aside his convictions for Class B felony dealing in amphetamine and Class B felony unlawful possession of a firearm by a serious violent felon (“SVF”) based on claims of ineffective assistance of trial and appellate counsel, stemming from trial counsel’s failure to file a motion to bifurcate1 Pace’s jury trial on his dealing in amphetamine and SVF charges. We reverse and remand. * * *

Given the prejudicial nature of the evidence regarding his prior dealing in cocaine conviction and dealing charges for which he was not convicted, especially in light of his dealing in amphetamine conviction, we conclude that Pace has met his burden of showing that he was prejudiced by counsel’s failure to file a motion to bifurcate. * * *

Because trial counsel’s performance was deficient and Pace was prejudiced by that deficient performance, the post-conviction court erred by denying post-conviction relief to Pace on his claim of ineffective assistance of trial counsel. We, therefore, reverse the denial of Pace’s petition for post-conviction relief and remand this case for a new trial.

NFP civil opinions today (4):

Shabbir Hussain v. Syed Ali (NFP)

Term. of the Parent-Child Rel. of L.R., Minor Child, and Her Father, R.R.: R.R. v. Indiana Dept. of Child Services (NFP)

Term. of the Parent-Child Rel. of: M.A.P. (Minor Child) and M.L.P. (Father) v. Indiana Dept. of Child Services, Allen County Office (NFP)

Term. of the Parent-Child Rel. of D.B., Minor Child, and His Mother, J.B.: J.B. v. Indiana Dept. of Child Services (NFP)

NFP criminal opinions today (5):

Donald Tatum v. State of Indiana (NFP)

Eddie Rogers v. State of Indiana (NFP)

Alfredo Lopez v. State of Indiana (NFP)

Joshua W. Joyner v. State of Indiana (NFP)

Jereamy M. Barnes v. State of Indiana (NFP)

Posted by Marcia Oddi on February 5, 2013 12:18 PM
Posted to Ind. App.Ct. Decisions