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Monday, May 20, 2013

Ind. Decisions - Court of Appeals issues 2 today (and 5 NFP)

For publication opinions today (2):

In Roger Jay Piatek, M.D., and The Piatek Institute v. Shairon Beale, a 17-page opinion, Judge May writes:

Roger Jay Piatek, M.D., and the Piatek Institute (collectively “Piatek”) appeal a jury verdict in favor of Shairon Beale (“Beale”). They raise three issues, which we consolidate and restate as:
(1.) Whether the trial court should have granted Piatek’s motion for a mistrial; and (2.) Whether the trial court should have instructed the jury on contributory negligence and incurred risk. We affirm. * * *

The trial court’s admonition was sufficient to cure any prejudice from Beale’s reference to Dr. Piatek pleading the Fifth Amendment, and the trial court did not err in denying his Motion for Mistrial. The evidence presented at trial did not support instructions on Beale’s contributory negligence or incurred risk. We accordingly affirm.

In David F. Wood v. State of Indiana , an 8-page opinion, Judge May writes:
David F. Wood appeals his conviction of Class B felony unlawful possession of a firearm by a serious violent felon (SVF) and the sentence he received for five convictions of Class D felony possession of child pornography. Wood claims his firearm conviction violated his right to be free from double jeopardy and was barred by collateral estoppel. In addition, Wood asserts the five-year cumulative sentence he received for five counts of Class D felony possession of child pornography exceeded the cap provided by Ind. Code § 35-50-1-2 for consecutive sentences from a single episode of criminal conduct. * * *

We reverse Wood’s conviction of Class B felony possession of a firearm by a SVF as that conviction was entered after a jury had already acquitted Wood of possessing those same firearms. We also reverse Wood’s five-year cumulative sentence for the five counts of Class D felony possession of child pornography, because that sentence violates the cap imposed by Ind. Code § 35-50-1-2, and we remand for the trial court to enter a new sentence that does not exceed four years.

NFP civil opinions today (3):

Gina West v. Midland Credit Management, Inc. (NFP)

Kevin E. Scheumann and Tina Reynolds v. Danny Clark, Jason L. Little, Recovery One LLC, Renovo Services LLC, Renaissance Recovery Solutions LLC, Citifinancial Auto Credit Inc., et al. (NFP)

Creditmax, Inc. v. Steve D. Jones (NFP)

NFP criminal opinions today (2):

Jeffrey S. Williams v. State of Indiana (NFP)

George Johnson v. State of Indiana (NFP)

Posted by Marcia Oddi on May 20, 2013 10:36 AM
Posted to Ind. App.Ct. Decisions