Friday, March 27, 2015
Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 6 NFP memorandum decisions)
For publication opinions today (1):
In Jimmy Wallen, Jr. v. State of Indiana, a 3-0 opinion, Judge Riley writes:
Appellant-Defendant, Jimmy Wallen, Jr. (Wallen), appeals his conviction of theft, a Class D felony, Ind. Code § 35-43-4-2 (2013). We affirm.NFP civil decisions today (2):
Wallen raises one issue on appeal, which we restate as follows: Whether the trial court abused its discretion by giving an improper jury instruction. * * *
Based on the foregoing, we conclude that the trial court abused its discretion in tendering the jury instruction; however, such error was harmless in light of the evidence of Wallen’s guilt.
Vaidik, C. J. concurs
Baker, J. concurs in result with separate opinion [that concludes] I believe that the jury instruction in this case is appropriate and accurate, and part ways with the majority’s conclusion that it was erroneous. I agree with the result reached by the majority, however, and would likewise affirm Wallen’s conviction.
NFP criminal decisions today (4):
Posted by Marcia Oddi on March 27, 2015 11:30 AM
Posted to Ind. App.Ct. Decisions