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Thursday, January 15, 2015

Ind. Decisions - Court of Appeals issues 3 today (and 6 NFP)

For publication opinions today (3):

In Walgreen Co. v. Abigail E. Hinchy, a 4-page opinion on rehearing, Judge Baker goes through the three claims of error made by Walgreen and concludes:

The result we reached in our original opinion stands.
In Corey Phelps v. State of Indiana , an 8-page opinion, Judge Robb writes:
Corey Phelps appeals his maximum eight-year sentence for possession of cocaine, a Class C felony, raising one issue for our review: whether the trial court abused its discretion when it imposed the maximum sentence for a Class C felony after expressing disagreement with the jury’s verdict finding Phelps not guilty of a Class A felony. Concluding the trial court abused its discretion, we reverse and remand with instructions to vacate Phelps’s sentence and to sentence him to a term of six years executed at the Department of Correction. * * *

We conclude the trial court abused its sentencing discretion and that the trial court’s stated disagreement with the jury’s not-guilty verdict concerning a greater offense renders the trial court’s maximum sentence a suspect enhancement. We remand with instructions that Phelps’s sentence be vacated and that the trial court sentence Phelps to six years with the Department of Correction. Furthermore, we direct the trial court to correct the order of judgment of conviction, which erroneously indicates that Phelps was convicted of a Class A felony.

In David Paul Brown v. State of Indiana, an 11-page opinion, Chief Judge Vaidik writes:
David Paul Brown appeals his conviction for Class D felony theft. He contends that his trial counsel was ineffective for failing to object to a portion of his videotaped interview with a detective as hearsay and for not tendering a jury instruction on criminal conversion as a lesser-included offense of theft. Although defense counsel should have requested an admonishment regarding the portion of the interview containing the detective’s statements, we find no prejudice in light of the other evidence presented at trial. In addition, we find that defense counsel was not ineffective for not tendering a jury instruction on criminal conversion as a lesser-included offense of theft because counsel employed a reasonable all-or-nothing trial strategy. We therefore affirm the trial court.
NFP civil opinions today (1):

Karen E. Fielder v. Brandon E. Fielder (NFP)

NFP criminal opinions today (5):

Angelo P. Dove v. State of Indiana (NFP)

Jarrez Hughley v. State of Indiana (NFP)

Sean Patrick Hogan v. State of Indiana (NFP)

Travis Lunsford v. State of Indiana (NFP)

Leeshawn Rodgers v. State of Indiana (NFP)

Posted by Marcia Oddi on January 15, 2015 10:48 AM
Posted to Ind. App.Ct. Decisions