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Wednesday, December 02, 2015

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 4 NFP memorandum decision(s))

For publication opinions today (1):

In Thomas M. Kunberger v. State of Indiana, a 17-page, 2-1 opinion, Judge Robb writes:

Thomas Kunberger pleaded guilty to criminal confinement, a Level 6 felony; strangulation, a Level 6 felony; and domestic battery, a Class A misdemeanor. The trial court accepted Kunberger’s plea and sentenced him to two years and 183 days in the Indiana Department of Correction, with twenty-three days of credit for time served and two years suspended to probation. Kunberger now appeals, raising two issues for our review: (1) whether his convictions for criminal confinement, strangulation, and domestic battery violate double jeopardy; and (2) whether his sentence is inappropriate in light of the nature of the offenses and his character. Concluding Kunberger’s convictions do not violate double jeopardy and his sentence is not inappropriate, we affirm Kunberger’s convictions and sentence. * * *

Kunberger’s convictions for criminal confinement, strangulation, and domestic battery do not violate double jeopardy, and his sentence is not inappropriate in light of the nature of the offenses and his character. We therefore affirm Kunberger’s convictions and sentence.

Vaidik, C.J., concurs.
Pyle, J., concurs in part, dissents in part. [on p. 17, concluding] I believe that Kunberger’s behavior toward the victim, combined with his outrageous lack of respect for the court’s authority and his failure to abide by its no-contact order, warrant a fully executed sentence to the Department of Correction. In all other respects, I concur with my colleagues.

NFP civil decisions today (2):

In Re the Involuntary Term. of the Parent-Child Relationship of: Au.R. and Ay.R. (Minor Children) and R.W. (Mother) v. Ind. Dept. of Child Services (mem. dec.)

A. Taylor v. Indiana Bureau of Motor Vehicles, State of Indiana, Gerald B. Coleman as Commissioner of the Bureau of Motor Vehicles (mem. dec.)

NFP criminal decisions today (2):

Robert A. Ottomanelli v. State of Indiana (mem. dec.)

Keith A. Nemer v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 2, 2015 11:02 AM
Posted to Ind. App.Ct. Decisions