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Monday, February 17, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 14 NFP)

For publication opinions today (2):

In Northen Indiana Public Service Company v. Edward A. Sloan, Dashawn L. Cole , a 13-page opinion, Judge Barnes writes:

Northern Indiana Public Service Company (“NIPSCO”) appeals the trial court’s orders reinstating the driving privileges of Edward Sloan and Dashawn Cole (collectively “the Appellees”). We affirm. * * *

NIPSCO has not made a prima facie showing that the trial court erred in its interpretation of Indiana Code Section 9-25-6-6 or that equity requires the continued suspension of the Appellees’ driving privileges. NIPSCO waived its argument regarding the trial court’s contacting the BMV by failing to object to that procedure during the hearing. We affirm.

In Rakiea McCaskill v. State of Indiana , an 8-page opinion, Judge Pyle writes:
Rakiea McCaskill appeals her conviction for Class A misdemeanor intimidation. We reverse and remand with instructions.

ISSUE. Whether there was sufficient evidence to support McCaskill’s conviction for Class A misdemeanor intimidation beyond a reasonable doubt. * * *

In the instant case, McCaskill made several threats to Matlock through telephone and Facebook that she was going to “beat [her] ass” and that “everybody in the city [knew she would] beat [her] ass.” (Tr. 7). These statements were clearly intended to harass, annoy, or alarm Matlock and were not intended to result in legitimate communication. Additionally, McCaskill does not deny that she made these threats. As a result, we conclude that the State did produce sufficient evidence that McCaskill committed Class B misdemeanor harassment. We remand to the trial court with instructions to vacate McCaskill’s judgment of conviction for intimidation and to enter a judgment of conviction for McCaskill for Class B misdemeanor harassment.

NFP civil opinions today (5):

David Buchanan v. Carol Buchanan (NFP)

William Mosher v. Haesuk Yi Mosher (NFP)

Sonia Long v. City of Logansport, Building Commissioner (NFP)

Jason Tye Myers v. Charles R. Deets III, Deets & Kennedy, and Great American Insurance Group (NFP)

Lori Harrold v. L & D Mailmasters (NFP)

NFP criminal opinions today (9):

In $2,500.00 In United States Currency, 2002 Chevrolet Avalanche, and 1970 Chevrolet El Camino (Demarco D. Hawkins) v. State of Indiana, et al. (NFP), a 7-page opinion, Judge Kirsch writes:

Demarco D. Hawkins (“Hawkins”) appeals the trial court’s order granting forfeiture of a 2002 Chevrolet Avalanche (“the Avalanche”) and a 1970 Chevrolet El Camino (“the El Camino”) (together, “the Vehicles”) that were seized when he was arrested for suspicion of dealing in marijuana. He raises the following restated issue for our review: whether the evidence presented was sufficient to support the trial court’s grant of forfeiture of the Vehicles. We reverse.
Aaron M. Fellows v. State of Indiana (NFP)

Jose G. Alejandro v. State of Indiana (NFP)

Dominique Brisker v. State of Indiana (NFP)

Christopher Smith v. State of Indiana (NFP)

James Christian Warner v. State of Indiana (NFP)

Barnard Lockett v. State of Indiana (NFP)

Michael R. Jent v. State of Indiana (NFP)

Travis Smith v. State of Indiana (NFP)

Posted by Marcia Oddi on February 17, 2014 12:42 PM
Posted to Ind. App.Ct. Decisions