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Tuesday, February 17, 2015

Ind. Decisions - Court of Appeals issues 1 opinion today (and 8 NFP memorandum decisions)

For publication opinions today (1):

In Lori Ann Barcroft v. State of Indiana , a 16-page opinion, Judge Kirsch writes:

Lori Ann Barcroft was found guilty but mentally ill of murder after a bench trial. She appeals and raises two issues, of which we find the following dispositive: whether the trial court committed fundamental error when it used Barcroft’s request for an attorney, which she asserted before she made a statement to police, in its determination of whether Barcroft established that she was insane at the time she committed the crime of murder. We reverse and remand. * * *

Crone, J., concurs.
Friedlander, J., concurs with separate opinion. [which begins, at p. 14] I concur with my colleagues’ conclusion that the trial court’s consideration of Barcroft’s post-Miranda request for counsel as evidence of her sanity amounts to fundamental error. I write separately to address an issue that I believe this conclusion compels us to address: did Barcroft prove by a preponderance of the evidence that she was insane? * * *

Based on the evidence presented, I cannot conclude that the trial court’s inferences were unreasonable or that its ultimate finding that Barcroft, although mentally ill, was able to appreciate the wrongfulness of her conduct was clearly erroneous. Subject to my view that we should address the issue concerning the preponderance of the evidence of Barcroft’s insanity, I concur with the majority that the use of her post-Miranda request for counsel was fundamental error.

NFP civil decisions today (1):

Bryan Jerman and Property Insurance Services, Inc. v. Cash-Pro, Inc. (mem. dec.)

NFP criminal decisions today (7):

Christopher R. Hall v. State of Indiana (mem. dec.)

Louis Davis v. State of Indiana (mem. dec.)

Reko Deprea Levels v. State of Indiana (mem. dec.)

Jerry Miller v. State of Indiana (mem. dec.)

Htar Kyoo v. State of Indiana (mem. dec.)

Anthony D. Evinger v. State of Indiana (mem. dec.)

Dominick Fazzini v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 17, 2015 10:49 AM
Posted to Ind. App.Ct. Decisions