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Monday, July 28, 2014

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

For publication opinions today (4):

In J.P. v. G.M. and R.M. , a 10-page opinion, Judge Brown writes:

J.P. (“Father”) appeals the trial court’s order granting the petition for visitation filed by G.M. (“Grandmother”) and R.M. (“Grandfather” and collectively “Grandparents”), the maternal grandparents of his daughter M.P. Father raises two issues which we revise and restate as: I. Whether the trial court abused its discretion in denying his motion for a continuance; and II. Whether the trial court erred in its order granting Grandparents visitation. We reverse and remand. * * *

Under the circumstances, we conclude that Father demonstrated good cause for a continuance of the hearing, that this case involved at least some complexity as well as a fundamental right of Father, and that Father was prejudiced by the denial of his motion for a continuance. We also conclude that a delay would not have prejudiced Grandparents to an extent to justify denial of the continuance. Therefore, we conclude that the trial court abused its discretion in denying Father’s motion to continue, and because we so find, we do not address Father’s other arguments.

In Bobby Alexander v. State of Indiana , an 11-page opinion, Judge Pyle writes:
Bobby Alexander (“Alexander”) appeals, following a jury trial, one of his two convictions for Class B felony aggravated battery. We reverse and remand.

ISSUE. Whether sufficient evidence supports one of Alexander’s aggravated battery convictions. * * *

Because the State did not present sufficient evidence to prove that Little’s injury created a substantial risk of death, we must reverse Alexander’s conviction for Class B felony aggravated battery in Count III.

Nevertheless, when we reverse a conviction for insufficient evidence, we may remand to the trial court to enter a judgment of conviction upon a lesser-included offense if the evidence is sufficient to support the lesser offense. * * *

Accordingly, we reverse Alexander’s Class B felony aggravated battery conviction and remand to the trial court with instructions to enter judgment of conviction for battery as a Class C felony on Count III and to resentence accordingly.

In Chad Matthew McClellan v. State of Indiana , a 6-page opinion, Judge Mathias writes:
Chad McClellan (“McClellan”) was convicted in Hamilton Circuit Court of Class C felony battery and Class B misdemeanor battery. McClellan appeals his Class C felony battery conviction and argues that the State failed to present sufficient evidence that the offense was committed by means of a deadly weapon. We affirm.
In Ashley Bell v. State of Indiana, a 6-page opinion, Judge Crone writes:
Ashley Bell was the passenger of a vehicle that was stopped by a police officer because of an illegally displayed temporary license plate. The officer learned that the driver did not have a valid driver’s license and ordered the vehicle’s occupants to exit. As Bell exited the vehicle, the officer smelled raw marijuana coming from both the vehicle and Bell’s person. The officer handcuffed Bell and conducted a patdown search which revealed ten baggies of marijuana. Bell was convicted of class A misdemeanor possession of marijuana.

On appeal, she claims that the search of her person during the traffic stop violated the Fourth Amendment and that the marijuana found during the search should not have been admitted at trial. Concluding that the search was permissible under the Fourth Amendment, we affirm.

NFP civil opinions today (1):

In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.S., D.S., and N.S., Minor Children, and Their Father S.S., S.S. v. Indiana Department of Child Services (NFP)

NFP criminal opinions today (3):

Uriah M. Levy v. State of Indiana (NFP)

Henry Lewis v. State of Indiana (NFP)

Charles E. Decker v. State of Indiana (NFP)

Posted by Marcia Oddi on July 28, 2014 01:17 PM
Posted to Ind. App.Ct. Decisions