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Wednesday, November 12, 2014
Ind. Decisions - Court of Appeals issues 2 today (and 15 NFP)
For publication opinions today (2):
In Frederick Holmes-Bey v. Keith Butts , a 6-page opinion involving a pro se petitioner, Judge Bailey writes:
Frederick Holmes-Bey (“Holmes-Bey”), a prisoner in the Indiana Department of Correction (“DOC”) and participant in the Indiana Sex Offender Management and Monitoring (“SOMM”) Program, received a disciplinary sanction in February of 2014. He sought to file, in the United States District Court, Southern District of Indiana, a petition under 28 U.S.C. § 2254, for a writ of habeas corpus, naming as respondent Keith Butts, Warden. The petition was inadvertently mailed to the Clerk of the Henry Circuit Courts, and the petition was stamped as filed in the Henry Circuit Court 2 and a cause number was assigned. Although Holmes-Bey discovered his error and notified the circuit court via letter, the circuit court re-captioned the matter to reflect a state court action, named the State of Indiana as the respondent, and entered an order denying the petition. Holmes-Bey appealed and the Indiana Attorney General filed a notice of non-involvement. Holmes-Bey presents the sole issue of whether the trial court lacked subject matter jurisdiction to enter the order of denial. We reverse and remand with instructions to dismiss. * * *In Jeffrey Z. Hayden v. State of Indiana, a 17-page opinion, Judge Bailey writes:
The trial court sua sponte altered Holmes-Bey’s complaint arising from a prison disciplinary decision and issued an order denying relief. However, the trial court lacked subject matter jurisdiction to do so. Reversed and remanded with instructions to dismiss the petition.
Hayden raises four issues for our review:NFP civil opinions today (3):
I. Whether there was sufficient evidence to support Hayden’s convictions for Burglary and Residential Entry;
II. Whether the trial court abused its discretion when it declined to adopt Hayden’s proposed jury instruction defining the term “dwelling”;
III. Whether the trial court abused its discretion when it ruled as inadmissible hearsay certain testimony Hayden proffered; and
IV. Whether the charging information lacked specificity as to certain alleged facts, such that Hayden could not receive a fair trial.
We raise sua sponte whether certain of the charges for which Hayden was convicted must be vacated under double jeopardy principles. * * *
There was sufficient evidence that Ronald’s house was a dwelling to support Hayden’s conviction for Burglary. The trial court did not abuse its discretion when it declined Hayden’s proffered jury instruction. Any errors in the trial court’s hearsay rulings on Hayden’s proffered testimony were, at most, harmless. The charging information was not so vague as to deprive Hayden of his right to a fair trial. We remand the case to the trial court with instructions to clarify the entry of judgment and to vacate the guilty verdict on Residential Entry.
NFP criminal opinions today (12):
Posted by Marcia Oddi on November 12, 2014 10:51 AM
Posted to Ind. App.Ct. Decisions