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Wednesday, June 17, 2015

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 9 NFP memorandum decisions)

For publication opinions today (2):

In Gerald A. Kemper v. State of Indiana, a 14-page opinion, Judge Baker writes:

Gerald Kemper appeals his convictions and sentences for Robbery Resulting in Bodily Injury, a class B felony, Conspiracy to Commit Robbery While Armed with a Deadly Weapon, a class B felony, and Unlawful Possession of a Firearm by a Serious Violent Felon, a class B felony. Finding that the State presented insufficient evidence from which a reasonable jury could conclude that Kemper and Malik Abdullah conspired to commit robbery, we reverse Kemper’s conviction and sentence for conspiracy to commit robbery while armed with a deadly weapon. In all other respects, we affirm. * * *

Kemper challenges his convictions on several grounds. He argues that the trial court erred in denying his motion for a mistrial. He also maintains that the State presented insufficient evidence to sustain his convictions and that his convictions violate double jeopardy principles. Finally, Kemper argues that his sentence is inappropriate in light of the nature of the offenses and his character.

In Kevin A. Ammons v. State of Indiana, a 22-page, 2-1 opinion, Judge Riley writes:
Appellant-Defendant, Kevin A. Ammons (Ammons), appeals the denial of his petition to remove his designation as a sexually violent predator (SVP) and the accompanying requirement that he register as a sex offender for life. We affirm.

Ammons raises one issue on appeal which we restate as: Whether the trial court erred in denying his petition to remove his SVP designation. * * *

In light of the foregoing, we conclude that Ammons has not carried his burden of demonstrating that as applied to him the Act violates the Indiana constitutional prohibition against ex post facto laws. In this regard, we affirm the trial court.

Bailey, J. concurs
Barnes, J. dissents with separate opinion [which begins, at p. 19, and concludes] I respectfully dissent. I do not believe that requiring Ammons to register as a sex offender is consistent with the Indiana Constitution’s Ex Post Facto Clause as interpreted by our supreme court in Wallace v. State, 905 N.E.2d 371 (Ind. 2009). As such, I conclude that the trial court should have granted Ammons’s petition to be removed from Indiana’s sex offender registry. * * *

Applying Burton and Wallace, I believe requiring Ammons to register as a sex offender in Indiana violates the Indiana Constitution. I vote to reverse the denial of Ammons’s petition to be removed from the Indiana sex offender registry.

NFP civil decisions today (3):

Mariea L. Best v. Russell C. Best (mem. dec.)

In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)

Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)

NFP criminal decisions today (6):

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

John Hernandez v. State of Indiana (mem. dec.)

Jonathon Gustafson v. State of Indiana (mem. dec.)

Richard Dean Martin v. State of Indiana (mem. dec.)

Etelvina Abrego v. State of Indiana (mem. dec.)

Jesse J. Barger v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on June 17, 2015 11:06 AM
Posted to Ind. App.Ct. Decisions