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Friday, February 20, 2015

Ind. Decisions - Court of Appeals issues 2 opinion today (and 10 NFP memorandum decisions)

For publication opinions today (2):

In Angela Lundy v. State of Indiana, a 13-page opinion, Chief Judge Vaidik writes:

Angela Lundy was charged with Class D felony possession of a controlled substance. The existence of a valid prescription is a defense to this crime.

Lundy served a subpoena on non-party Indiana Board of Pharmacy (“the Board”), requesting a copy of her INSPECT report. As part of the INSPECT program, the Board compiles controlled-substance information into an online database.

The Board filed a motion to quash the subpoena, claiming that the information was confidential pursuant to statute. The trial court granted the Board’s motion because it found that Lundy had to make a threshold showing that she could not get her prescription records elsewhere before she was entitled to her INSPECT report from the Board. The trial court certified its ruling for interlocutory appeal.

There is a three-part balancing test for discoverable information in a criminal proceeding, but the only consideration at issue here is particularity, which requires a showing that the information is not readily available elsewhere. The Board argues that because Lundy knew where she could “possibly” obtain her prescription records, they were readily available. “Readily available,” however, does not equate to knowledge. That is, just because Lundy knew where she could “possibly” obtain her prescription records does not mean that they were “readily available” to her. In addition, the particularity requirement is not to be construed strictly against the defendant but should be administered so as to maximize pretrial discovery. Given that the Board does not challenge the other parts of the test, we conclude that the trial court abused its discretion in granting the Board’s motion to quash Lundy’s subpoena. We therefore reverse and remand this case to the trial court.

In Kirsten L. Phillips v. State of Indiana, a 12-page opinion, Judge Crone writes:
Five-month-old C.T. tragically died after Kirsten L. Phillips put him down for a nap inside a broken portable crib at the home daycare where she worked. Following a jury trial, Phillips was convicted of class C felony reckless homicide and class D felony involuntary manslaughter. Phillips appeals, asserting that the trial court abused its discretion in admitting certain evidence at trial. Phillips also asserts that the State presented insufficient evidence to support her convictions. We conclude that the trial court did not abuse its discretion in admitting evidence and that sufficient evidence supports Phillips’s reckless homicide conviction. We need not address the sufficiency of the evidence of her lesser conviction for involuntary manslaughter because we determine sua sponte that her dual convictions for reckless homicide and involuntary manslaughter violate double jeopardy principles. Accordingly, we affirm Phillips’s reckless homicide conviction and vacate her involuntary manslaughter conviction.
NFP civil decisions today (1):

In the Matter of: E.A., Jr., Child in need of Services, and E.A., Sr. (Father) and N.A. (Stepmother) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (9):

Kevin Watson v. State of Indiana (mem. dec.)

Larry Marshall v. State of Indiana (mem. dec.)

Danny Lewis v. State of Indiana (mem. dec.)

Keytron W. Johnson v. State of Indiana (mem. dec.)

David A. Brewster v. State of Indiana (mem. dec.)

Troy Shawn Meyers v. State of Indiana (mem. dec.)

Jesse Edward Atwood v. State of Indiana (mem. dec.)

Imari Butler v. State of Indiana (mem. dec.)

Charles M. Woolsey v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on February 20, 2015 12:48 PM
Posted to Ind. App.Ct. Decisions