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Thursday, October 08, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decision(s))

For publication opinions today (1):

In Robert E. Quinn v. State of Indiana, a 14-page opinion, Sr. Judge Barteau writes:

Quinn argues that Indiana Code section 35-41-4-2(b)’s DNA extension to the statute of limitations violates federal and state constitutional prohibitions of ex post facto laws. Quinn did not present his ex post facto constitutional claims to the trial court. Instead, when Quinn moved to dismiss the charges of child molesting and criminal confinement, he alleged only that the State violated the statute of limitations. He did not present ex post facto claims at the evidentiary hearing on the motion to dismiss. Thus, he has procedurally defaulted his ex post facto claims for appellate review. See Saunders v. State, 848 N.E.2d 1117, 1122 (Ind. Ct. App. 2006) (constitutional claim waived for appellate review; defendant had presented a different claim to the trial court), trans. denied.

Waiver notwithstanding, the DNA extension to the statute of limitations does not impose a punishment for an act that was not punishable at the time, nor
does it impose an additional punishment to that which was then prescribed. The DNA extension does not violate federal or state constitutional prohibitions of ex post facto laws. * * *

Next, Quinn argues that the State failed to act with due diligence in discovering the DNA evidence that led the State to charge him with child molesting and criminal confinement. [ILB - the charges resulted from a 1988 "cold case" investigation] * * *

Under the facts and circumstances of this case, the State’s employees acted reasonably in the manner in which they maintained, discovered, and tested the DNA evidence that led to Quinn’s convictions, thereby establishing the due diligence requirement of Indiana Code section 35-41-4-2(b). Quinn’s request to vacate his child molesting and confinement convictions must fail.

NFP civil decisions today (3):

In the Matter of the Term. of the Parent-Child Relationship: M.V. & J.V., (Minor Children) and M.H. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

In the Matter of the Adoption of M.H.; D.M. v. B.H. (mem. dec.)

Jens Thogerson v. Millennium Trailers, Inc. (mem. dec.)

NFP criminal decisions today (5):

Cortez Boxley v. State of Indiana (mem. dec.)

Clyde N. Piggie v. State of Indiana (mem. dec.)

Khalid M. Jackson-Bey v. State of Indiana (mem. dec.)

Kyle E. Marvel v. State of Indiana (mem. dec.)

Keith T. Gardon v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 8, 2015 11:26 AM
Posted to Ind. App.Ct. Decisions