Thursday, November 05, 2015
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 6 NFP memorandum decision(s))
For publication opinions today (2):
In Noah Pittman v. State of Indiana , a 30-page opinion, Judge Brown writes:
Noah Pittman appeals his convictions and sentence for attempted stalking as a class B felony and carrying a handgun without a license as a class A misdemeanor. Pittman raises five issues which we revise and restate as:In Tommy Orlando Townsend, Sr. v. State of Indiana , a 19-page opinion, Judge Crone writes:
I. Whether the trial court abused its discretion in denying Pittman’s motion to dismiss the charge of attempted stalking;
II. Whether the general attempt statute, as applied in this case, is void for vagueness;
III. Whether the evidence is sufficient to sustain Pittman’s conviction of attempted stalking;
IV. Whether Pittman’s sentence for attempted stalking as a class B felony is unconstitutional under Article 1, Section 16 of the Indiana Constitution; and
V. Whether the crime of carrying a handgun without a license is facially unconstitutional.
Tommy Orlando Townsend, Sr., appeals his convictions and fifty-five-year aggregate sentence for class A felony burglary and class B felony criminal confinement. He contends that his convictions require reversal because the jury’s rejection of his insanity defense is contrary to law. He also contends that the trial court erred in giving the State’s tendered instruction on demeanor evidence and refusing his own instruction on that issue. In addition, he argues that the trial court abused its discretion in sentencing him by failing to find that temporary mental illness was a mitigating circumstance. He also asserts that his sentence is inappropriate in light of the nature of the offenses and his character.
We conclude that the jury properly rejected Townsend’s insanity defense because there was evidence that his mental state at the time of the offenses was due to voluntary intoxication rather than a result of mental disease or defect. We also conclude that any error in instructing the jury was harmless. With regard to sentencing, we conclude that the trial court did not abuse its discretion by declining to find that temporary mental illness was a mitigating factor. Finally, we conclude that Townsend has failed to carry his burden to show that his sentence is inappropriate. Therefore, we affirm.
NFP civil decisions today (2):
NFP criminal decisions today (4):
Posted by Marcia Oddi on November 5, 2015 11:13 AM
Posted to Ind. App.Ct. Decisions