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Monday, February 08, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 0 NFP memorandum decision(s))

For publication opinions today (2):

In Hervin S. Talley v. State of Indiana, an 11-page opinion, Sr. Judge Darden writes:

Hervin S. Talley was convicted of possession of a firearm by a serious violent felon and two counts of resisting law enforcement. He appealed his convictions but later received permission to terminate his appeal and seek post-conviction relief. Talley now appeals the denial of his petition for post-conviction relief. We affirm.
In Antonio Miles v. State of Indiana, a 14-page opinion, Judge May writes:
Antonio Miles appeals his conviction of murder, a felony. He raises four issues for our consideration: (1) whether the court abused its discretion by admitting text messages he sent to the victim; (2) whether the court abused its discretion by instructing the jury that use of a deadly weapon in a way likely to cause death could support an inference that a killing occurred knowingly; (3) whether the prosecutor committed reversible misconduct in closing argument by suggesting Miles’ was obliged to present evidence; and (4) whether the evidence was insufficient to support Miles’ conviction. * * *

We find no reversible error in the challenged jury instruction, the admission of text messages, or the prosecutor’s slide that allegedly referenced Miles’ decision to not present any evidence. In light of the abundant evidence of Miles’ guilt, we affirm.

NFP civil decisions today (0):

NFP criminal decisions today (0):

Posted by Marcia Oddi on February 8, 2016 11:17 AM
Posted to Ind. App.Ct. Decisions