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Friday, February 08, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 2 NFP)

For publication opinions today (2):

In Billy Russell v. State of Indiana, a 23-page opinion, Judge Barnes concludes:

The trial court did not abuse its discretion in refusing to completely bifurcate trial of the SVF charge from the murder charge and in refusing to give Russell’s tendered self-defense jury instruction. The trial court also did not commit fundamental error by not giving an instruction on voluntary manslaughter as a lesser included offense of murder, or by not giving an instruction on the nexus requirement for the committing a crime exception to a claim of self-defense. Finally, Russell’s sentence is not inappropriate. We affirm.
In Hiawathia Hunt v. State of Indiana, a 7-page opinion, Judge Mathias writes:
Hiawathia Hunt (“Hunt”) was convicted of Class D felony theft following a bench trial in Marion Superior Court and sentenced to 545 days in the Department of Correction. Hunt appeals and claims that the trial court imposed an improper conditional sentence. We affirm. * * *

Thus, the trial court simply explained to Hunt that modification of his sentence was possible if he paid restitution to the victim; it did not make Hunt’s sentence conditional on the payment of restitution. Because Hunt’s sentence was not conditional, and because Hunt alleges no further error in his sentence, we affirm.

NFP civil opinions today (1):

Estate of Ruby L. Rowland: James A. Rowland, Jr. v. Michael B. Rowland (NFP)

NFP criminal opinions today (1):

Louis Townsend v. State of Indiana (NFP)

Posted by Marcia Oddi on February 8, 2013 10:06 AM
Posted to Ind. App.Ct. Decisions