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Thursday, February 12, 2015
Ind. Decisions - Court of Appeals issues 4 opinion today (and 10 NFP memorandum decisions)
For publication opinions today (4):
In In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services, a 10-page, 2-1 opinion, Judge Crone writes:
The Indiana Department of Child Services (“DCS”) has filed a petition for rehearing of our opinion in Matter of S.A., 15 N.E.3d 602 (Ind. Ct. App. 2014). We grant the petition for the limited purpose of dispelling DCS’s misconceptions about our opinion and reaffirm our original decision in all respects.In Town of Pittsboro Advisory Plan Commission and Town of Pittsboro Town Council v. Art Park, LLC, a 25-page opinion, Judge Pyle concludes:
In summary, we reverse the trial court’s order denying the Town’s motion to dismiss Ark Park’s claim for judicial review and claims for declaratory judgment and granting Ark Park’s motion for leave to file an amended complaint. We recognize that these claims are also contained in Ark Park’s Motion for Leave to File First Amended Verified Complaint for Judicial Review, Declaratory Judgment and Permanent Injunction, which the trial court granted Ark Park leave to file. The trial court granted Ark Park leave to file this complaint by issuing an order on June 18, 2013. As noted above, the Town did not seek certification of this order for interlocutory appeal; thus, this order is not before us on appeal. However, because we reverse the trial court’s order denying the Town’s motion to dismiss these claims, we direct the trial court to strike these claims from Ark Park’s complaint.In Kevin Townsend v. State of Indiana , a 20-page opinion, Judge Brown writes:
Kevin Townsend appeals his convictions for vicarious sexual gratification as a class B felony and possession of child pornography as a class D felony. Townsend raises two issues, which we revise and restate as:In Jeremy Fitzgerald v. State of Indiana , a 10-page opinion, Judge Bradford writes:
I. Whether the evidence is sufficient to sustain his conviction of vicarious sexual gratification; and
II. Whether his right to compulsory process was violated when the trial court excluded a witness from testifying. We affirm.
On April 19, 2014, Melanie Jones and her friend Appellant-Defendant Jeremy Fitzgerald staged a fake robbery in an apparent attempt to conceal Jones’s theft of money from her employer. According to the scheme concocted by Jones, Fitzgerald would run from Jones’s vehicle and Jones would act as if she had been robbed. Jones would then claim to be unable to identify the perpetrator. The scheme, however, did not go as planned because a Good Samaritan, Matthew Bingham, intervened in an attempt to thwart the apparent robbery. Bingham chased after and ultimately detained Fitzgerald until police caught up with the men and placed Fitzgerald under arrest. Appellee-Plaintiff the State of Indiana (the “State”) subsequently charged Fitzgerald with Class C felony intimidation for actions committed by Fitzgerald against Bingham once Bingham had detained him.NFP civil decisions today (1):
On appeal, Fitzgerald challenges his conviction claiming that the detainment of him by Bingham did not amount to a lawful “citizen’s arrest” and, as such, he was entitled to employ reasonable force to defend himself against the unlawful detention. Fitzgerald further challenges his conviction claiming that the State failed to disprove his self-defense claim. Upon review, we conclude that the detainment of Fitzgerald by Bingham did not amount to a lawful “citizen’s arrest.” However, we further conclude that the State presented sufficient evidence to disprove Fitzgerald’s self-defense claim. As such, we affirm Fitzgerald’s conviction for Class C felony intimidation.
NFP criminal decisions today (9):
Posted by Marcia Oddi on February 12, 2015 11:30 AM
Posted to Ind. App.Ct. Decisions