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Friday, November 20, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 10 NFP memorandum decision(s))

For publication opinions today (1):

In Tyrone Causey v. State of Indiana, a 9-page opinion, Judge Baker writes:

Tyrone Causey appeals his conviction for Intimidation,1 a Class D felony. Finding insufficient evidence to support this conviction, we reverse. * * *

As a general matter, we agree that one should not threaten a police officer. However, such behavior, in and of itself, does not constitute intimidation as defined by the statute. Here, the State has not clearly identified what it believes Causey’s threat to be, nor has it pointed to evidence indicating that this threat was made with the required intent. “Due process requires that a penal statute clearly define the prohibited conduct so that it provides adequate and fair notice as to what precisely is proscribed.” George v. NCAA, 945 N.E.2d 150, 154 (Ind. 2011). Accordingly, penal statutes are to be strictly construed. Id. The State’s argument that we must look to the totality of the circumstances in this case appears to be little more than a request that we ignore this principle.

NFP civil decisions today (2):

M.B. v. Review Board of the Indiana Department of Workforce Development, and Company (mem. dec.)

James L. Bullock v. Natasha Bullock (mem. dec.)

NFP criminal decisions today (8):

Davon Crenshaw v. State of Indiana (mem. dec.)

Shyheem Jones v. State of Indiana (mem. dec.)

Kenneth D. Robinson v. State of Indiana (mem. dec.)

Ryan A. Phelps v. State of Indiana (mem. dec.)

Timothy R. Blazier v. State of Indiana (mem. dec.)

Orlando D. Lynch v. State of Indiana (mem. dec.)

Donald Lee Weidenburner v. State of Indiana (mem. dec.)

Larry J. Truesdale v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on November 20, 2015 11:05 AM
Posted to Ind. App.Ct. Decisions