« Courts - Tomorrow: "Indiana Farmer's Fight With Monsanto Reaches The Supreme Court" | Main | Ind. Decisions - Transfer list for week ending February 15, 2013 »

Monday, February 18, 2013

Ind. Decisions - Court of Appeals issues 4 today (and 4 NFP)

For publication opinions today (4):

Alex Carrillo v. State of Indiana

Alex Carrillo v. State of Indiana

Michael R. Sudberry v. State of Indiana

In Jim A. Edsall v. State of Indiana , a pro se appeal, Judge Crone concludes:

We find Green applicable here, where the trial court ordered Edsall to repay over $19,000 that the drug task force spent during the course of the undercover criminal investigation of Edsall, including for the purchase of over 10,000 pseudoe*phedrine pills and the wages and expenses of law enforcement from various agencies. Although Edsall argues that the restitution amount was excessive, we make no finding today on the amount of the restitution. Rather, we hold that under the facts of this case the State was not a victim as contemplated by the restitution statute, and the trial court’s order of restitution was not proper. Compare Ault v. State, 705 N.E.2d 1078, 1082-83 (Ind. Ct. App. 1999) (where State was entitled to restitution for Medicaid payments that it paid on behalf of infant victim shaken and injured by defendant because it stood in shoes of victim and assumed cost of victim’s care).
NFP civil opinions today (2):

Nancie Hale, as Next Friend of John Doe v. Randolph County Kids, Inc. d/b/a Camp Yale, Randolph County Department of Community Corrections, Camp Kidz-Kan-Du, et al. (NFP)

Jerome Scott Mattingly v. Juan William Smith and Julie Ann Smith and Sharon O'Connell and Daniel E. Richards, Vernuse Mings and Meredity Mings, Glen H. Macphee and Carol S. Macphee, et al. (NFP)

NFP criminal opinions today (2):

Dennis L. Lloyd, Jr. v. State of Indiana (NFP)

Robert D. Bowen v. State of Indiana (NFP)

Posted by Marcia Oddi on February 18, 2013 01:36 PM
Posted to Ind. App.Ct. Decisions