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Wednesday, March 04, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 3 NFP memorandum decisions)

For publication opinions today (2):

In David Bisard v. State of Indiana , a 19-page opinion, Judge Friedlander writes:

Following a jury trial, David Bisard was convicted of Operating a Vehicle with a Blood Alcohol Content of .15 or Higher Causing Death, a class B felony, and two counts of Operating a Vehicle with a Blood Alcohol Content of More Than .08 Percent Causing Serious Bodily Injury, class D felonies.2 Bisard was subsequently sentenced to an aggregate term of sixteen years executed with three years suspended to probation. On appeal, Bisard presents three issues for our review:
1. Was Bisard denied his right to present a defense when the trial court ruled that if Bisard presented evidence from several witnesses that he was not a heavy drinker in response to expert testimony offered by the State, he would open the door to evidence of his subsequent arrest for operating a vehicle while intoxicated?
2. Did the trial court abuse its discretion in denying Bisard’s motion for mistrial based upon issues relating to juror misconduct?
3. Did the trial court abuse its discretion when for purposes of sentencing it considered as an aggravating factor that Bisard had abused police power and breached the public trust?
We affirm.
In Christopher Harding v. State of Indiana , a 6-page opinion, Sr. Judge Carden writes:
Christopher Harding appeals the trial court’s calculation of credit for the time he served prior to the revocation of his probation as well as the sentence imposed following the revocation. We reverse and remand with instructions.
NFP civil decisions today (1):

In the Matter of the Termination of the Parent-Child Relationship of: H.A., B.A., and J.A. (Minor Childrent) and H.A. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (2):

Rodrick Hughes v. State of Indiana (mem. dec.)

Erik Toombs v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 4, 2015 10:07 AM
Posted to Ind. App.Ct. Decisions