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Monday, July 07, 2014

Ind. Decisions - Court of Appeals issues 2 today (and 4 NFP)

For publication opinions today (2):

In Z.A. v. State of Indiana, a 5-page opinion, Judge Najam writes:

Z.A. appeals the juvenile court’s adjudication that he committed the delinquent act of theft, as a Class D felony if committed by an adult. Z.A. presents a single issue for our review, namely, whether the State presented sufficient evidence to support the delinquency adjudication. We reverse. * * *

In sum, the undisputed evidence shows that, while M.A. paid more for the television than Z.A., they considered themselves co-owners of the property. There is no evidence that M.A. owned the property to the exclusion of Z.A., or that M.A. and Z.A. had agreed that M.A. would have a greater right to possession of the property than Z.A. Thus, the State did not present sufficient evidence that Z.A. exerted unauthorized control over the television when he took it from M.A.’s house. We reverse Z.A.’s adjudication for theft.

In Freddie Patterson v. State of Indiana , an 11-page opinion, Judge Pyle concludes that there was sufficient evidence to support Patterson's conviction, and rejects the following:
Patterson claims that the trial court abused its discretion in redacting his proposed final instruction and committed fundamental error in adding, at the request of the State, a sentence to another instruction he tendered.
NFP civil opinions today (2):

In the Matter of the Termination of the Parent-Child Relationship of: J.S. (minor child); N.W. (Mother) v. The Indiana Department of Child Services (NFP)

Anthony Neumeister v. City of Greenfield, Indiana (NFP)

NFP criminal opinions today (2):

James Toy v. State of Indiana (NFP)

Maurice V. Brown v. State of Indiana (NFP)

Posted by Marcia Oddi on July 7, 2014 10:56 AM
Posted to Ind. App.Ct. Decisions