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Wednesday, July 01, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 5 NFP memorandum decisions)

For publication opinions today (1):

In Joseph M. Johnson, III v. State of Indiana, a 14-page opinion, Judge Friedlander writes:

Joseph M. Johnson III appeals his conviction of Criminal Trespass, a class A misdemeanor, presenting the following restated issues for review:
1. Is the criminal trespass statute unconstitutionally vague as applied in this case?
2. Did the court properly apply the “mistake of fact” defense?
3. Was the evidence sufficient to sustain the conviction?
We affirm. * * *

In resolving this issue, we need not determine the full extent of the physical boundaries of Lee’s authority to order Johnson from common areas of the apartment complex, i.e., areas located adjacent to but outside her apartment unit. This is because, as set out above, the trial court found that Johnson went beyond the common areas of Lee’s apartment building and stood in the threshold of the doorway to her apartment such that she could not close the door. See Walls v. State, 993 N.E.2d 262. Upon this set of facts, which is the one we must accept, Johnson’s belief that he had a right to stand in the doorway to Lee’s apartment such that she was prevented from closing it, and that she lacked authority to order him to leave that location was not reasonable. The trial court did not err in rejecting Johnson’s mistake-of-fact defense.

NFP civil decisions today (2):

In re the Matter of the Involuntary Termination of Parent-Child Relationship of D.V., L.P.V., and J.M., Minor Children, T.F. (Mother) and L.V. (Father) v. Ind. Dept. Child Services et al (mem. dec.)

In the Matter of the Term. of the Parent-Child Relationship of Je.Q., Ja.Q., and N.Q., Children, and T.Q.(Mother) & A.Q. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

NFP criminal decisions today (3):

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

Jeffrey Billeaud, Jr. v. State of Indiana (mem. dec.)

Paul Jackson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 1, 2015 10:15 AM
Posted to Ind. App.Ct. Decisions