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Friday, January 22, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 3 NFP memorandum decision(s))

For publication opinions today (1):

In State of Indiana v. Frank Hancock, a 6-page opinion, Judge Mathias writes:

Frank Hancock (“Hancock”) was charged with two counts of Level 4 felony possession of a firearm by a serious violent felon (“SVF”) in the Jefferson Superior Court. However, the trial court determined that Hancock was not an SVF because his prior conviction for residential burglary in Ohio was not “substantially similar” to residential burglary in Indiana. The State of Indiana brings this interlocutory appeal and argues that the trial court erred when it determined that the elements of residential burglary in Ohio are not “substantially similar” to those in Indiana. We affirm. * * *

The State argues that the elements of the Ohio and Indiana statutes are functionally equivalent. However, the Ohio residential burglary statute is much broader, and we are presented with different outcomes based on whether the situation occurred in Ohio or Indiana. Therefore, it is clear that the Ohio and Indiana residential burglary statutes are not substantially similar as a matter of law.

NFP civil decisions today (1):

Aaron Lake, National City Morgage Co., The Bank of New York Mellon Trust Company, N.A., and Unifund CCR Partners v. Kevin Butler d/b/a Butler Homes (mem. dec.)

Debbie Schinbeckler v. Express Scripts, Inc. and Travelers Insurance Co. (mem. dec.)

NFP criminal decisions today (2):

Scott Winingear v. State of Indiana (mem. dec.)

Lamocres A. Johnson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on January 22, 2016 11:57 AM
Posted to Ind. App.Ct. Decisions