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Friday, July 01, 2016

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

For publication opinions today (2):

In Richard J. McVey v. State of Indiana, a 14-page opinion, Chief Judge Vaidik writes:

Richard J. McVey was convicted of Class C felony child molesting for molesting his half-sister in 2001. After the molestation, the legislature amended the Indiana Sex Offender Registration Act to require lifetime registration for offenders like McVey, as opposed to the previous requirement of ten years. It also enacted the unlawful-entry statute, which makes it a crime for a person who is required to register as a sex offender and who is convicted of child molesting to enter school property. McVey contends that both enactments, as applied to him, violate the Indiana Constitution’s prohibition against ex post facto laws. We agree with McVey as to the lifetime-registration requirement but not as to the unlawful-entry statute. We therefore affirm in part and reverse in part.
In Adrian Anthony v. State of Indiana, a 7-page opinion, Judge Bradford writes:
Anthony argues that using the victims’ ATM cards did not qualify as “uttering” a written instrument for purposes of the forgery statute. * * *

Using a debit card to withdraw money from an ATM is essentially the same as writing oneself a check to cash at the bank. If an individual steals a victim’s checkbook, forges the victim’s signature, and attempts to cash a check, then the individual is clearly guilty of forgery. The same logic applies to an ATM transaction. Like a signature, a personal identification number is a means by which the bank can attempt to verify a person’s identity and assure that they are authorized to access the account. By using the victims’ PINs, Anthony was attempting to defraud the bank by purporting to be the victims. We agree with the State that distinguishing ATM transactions as Anthony suggests would allow defendants to avoid criminal liability due to advances in technology.

The judgment of the trial court is affirmed.

NFP civil decisions today (0):

NFP criminal decisions today (0):

Posted by Marcia Oddi on July 1, 2016 11:05 AM
Posted to Ind. App.Ct. Decisions