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Thursday, January 08, 2015

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

For publication opinions today (2):

In Tajuanda Berry v. State of Indiana, a 7-page opinion, Judge Pyle writes:

Tajuanda Berry (“Berry”) appeals her sentence, after a bench trial, for Class A misdemeanor trespass. On appeal, she claims that the trial court erred by ordering her to stay away from all properties managed by the Indianapolis Housing Agency (“IHA”). She asks that this Court vacate the order because the order is overly broad and not related to any rehabilitative goal or maintenance of public safety. Concluding that the trial court’s statement was not part of its imposed sentence, we affirm Berry’s sentence. * * *

Here, the trial court advised Berry that she could be charged with felony trespass if she went back to Barton Tower or any other IHA property. In fact, the trial court specifically said, “You will not get anything in writing it is me telling you[.]” * * *

Given the trial court’s statements and the fact that Berry’s only other obligation to the trial court was community service work, we find that the trial court was reminding Berry of IHA’s ban and not imposing its own stay away order.

In Scott Hitch v. State of Indiana, a 9-page opinion, Judge Baker writes:
Scott Hitch, who was convicted of class A misdemeanor Battery by a jury, appeals the trial court’s determination that he committed a crime of domestic violence. Hitch argues that the trial court’s domestic violence determination infringed upon his Sixth Amendment right to a jury trial when it found a fact that increased the penalty for his conviction beyond the statutory maximum in violation of Blakely v. Washington. 542 U.S. 296 (2004). Finding that the trial court’s determination that Hitch committed a crime of domestic violence required it to find a fact that increased the penalty for Hitch’s conviction beyond the statutory maximum, we reverse. * * *

We reverse the trial court’s domestic violence determination and remand for proceedings consistent with opinion if the State so desires.

NFP civil opinions today (1):

Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell Llc. (NFP)

NFP criminal opinions today (1):

Kristopher Souter v. State of Indiana (NFP)

Posted by Marcia Oddi on January 8, 2015 10:59 AM
Posted to Ind. App.Ct. Decisions