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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.

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 civil decisions today (2):

In Re Matter of: Ta.A., Tr.A., and A.M. (Minor Children): R.A. v. The Indiana Dept. of Child Services and Lake Co. Court Appointed Special Advocate (mem. dec.)

Jack L. Yant, III v. Barry L. Payne (mem. dec.)

NFP criminal decisions today (4):

Steve Delp v. State of Indiana (mem. dec.)

William Eugene Dager v. State of Indiana (mem. dec.)

Michael Thompson v. State of Indiana (mem. dec.)

D.M. v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 27, 2015 11:30 AM
Posted to Ind. App.Ct. Decisions