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Wednesday, December 10, 2014
Ind. Decisions - Court of Appeals issues 3 today (and 11 NFP)
For publication opinions today (3):
In Donta Legg v. State of Indiana, a 9-page opinion, Judge Baker writes:
In this case, a sixteen-year-old was tried as an adult and convicted of murder. The defendant requested to be sentenced under the alternative sentencing scheme for juvenile offenders, but the trial court denied the request and sentenced him as an adult. As an issue of first impression [ILB emphasis], we find that the trial court did not abuse its discretion in finding that the nature of the offense and the character of the offender rendered sentencing under the alternative sentencing scheme unsuitable in this case.In James McCauley v. State of Indiana, a 10-page opinion, Sr. Judge Darden concludes:
Donta Legg appeals the sentence imposed by the trial court after Legg was convicted of Murder, a felony, and Carrying a Handgun Without a License, a class A misdemeanor. Legg argues that the trial court should have sentenced him under the alternative sentencing scheme applicable to juvenile offenders sentenced as adults and that the sentence is inappropriate in light of the nature of the offense and his character. Finding no error, we affirm.
In this case, McCauley received ample notice that the State sought to revoke both his home detention placement and his term of informal probation. The State’s notice of violation specifically asked the trial court to revoke both home detention and probation, and listed violations applicable to both portions of McCauley’s sentence. In addition, during the initial hearing on the petition to revoke, the trial court advised McCauley that if a violation were proven, he could be sent to the Department of Correction for the full three-year sentence. McCauley indicated that he understood the court’s advisement. McCauley was thus made aware that the State sought to revoke his probation, and he received an opportunity to prepare his defense accordingly. Indeed, at the fact-finding and sentencing hearing McCauley agreed that it was appropriate that he “serve out his sentence” at the Department of Correction. The trial court did not violate McCauley’s constitutional right to due process.In Paul Phillips v. State of Indiana, a 20-page opinion, Sr. Judge Barteau writes:
Paul Phillips appeals from his conviction after a jury trial of one count of child molesting as a Class A felony. We affirm.NFP civil opinions today (3):
Phillips presents the following issues for our review:
I. Whether the trial court denied Phillips the right to an impartial jury and a fair trial under the federal and state constitutions by denying Phillips’s motion for mistrial and motion to replace a juror after a juror asked a question, instead choosing to offer a curative instruction.
II. Whether the prosecutor engaged in prosecutorial misconduct amounting to fundamental error during closing argument.
III. Whether the trial court erred by instructing the jury about voluntary intoxication.
NFP criminal opinions today (8):
Posted by Marcia Oddi on December 10, 2014 10:36 AM
Posted to Ind. App.Ct. Decisions