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Friday, July 08, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (2):

In Ariel Gomez v. State of Indiana, Judge Brown writes:

The next issue is whether Gomez’s three convictions for domestic battery as class A misdemeanors violate the continuous crime doctrine. Gomez argues that he and Chavez “were engaged in a three minute tussle as Gomez sought to terminate her illegal entry into his property,” that “[e]ach step did not constitute a separate act of battery, but was a whole act of pulling her hair and engaging in an effort to remove her from the house, knocking into walls as they headed for the door,” and that, “[i]f [he] committed domestic battery as charged, it was one instance of battery, and the injuries were the product of the one continuous act.” Appellant’s Brief at 15. He further argues that Chavez “answered positively when asked whether he was continuing to try to get her out of the house while she was resisting getting pushed out of the house.” Id. He also contends that he “should not have been charged for every scrape and bruise resulting from their tussle” and that two of his convictions should be vacated. Id. * * *

Based upon the record and considering Chavez’s testimony describing Gomez’s acts while trying to push her out of the house, we conclude that the acts alleged in Counts II, III, and IV were sufficiently compressed in terms of time, place, singleness of purpose, and continuity of action so as to constitute a single transaction for purposes of the continuous crime doctrine. * * * Accordingly, we reverse Gomez’s convictions on Counts III and IV.

In Brad L. Sullivan v. State of Indiana , a 12-page opinion, Judge Brown writes:
Brad L. Sullivan appeals the revocation of his community corrections placement. Sullivan raises one issue which we revise and restate as whether the trial court abused its discretion in revoking his placement in community corrections. We reverse and remand. * * *

Sullivan asserts that the predetermined sanction in his plea agreement that he serve his entire sentence in jail for any rule violation was improper as a matter of law and deprived him of a number of his constitutional rights including his right to due process. He further argues that the court abused its discretion in enforcing the provision, that he did not purposefully violate community corrections’ rules, that circumstances beyond his control created the situation which led to the minor rule violation, and that the State presented no compelling facts to justify implementation of such a harsh sentence. He also argues that he had taken steps to be hooked up on home detention, that he was in a mental health hospital on the day he was to report, that he and his social worker contacted his trial attorney, that his trial attorney believed he had faxed commitment information to the prosecutor’s office, and that community corrections was still willing to accept Sullivan into the program. * * *

Based on the totality of the circumstances, including the nature of the violation and sanction, we conclude the trial court abused its discretion in finding that Sullivan’s violation warranted revoking his community corrections placement and in ordering him to serve eighteen months in the DOC.

NFP civil decisions today (5):

In the Matter of J.F. (Minor Child), and L.F. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Anthony G. Boyer v. State of Indiana (mem. dec.)

L.M. v. Review Board of the Indiana Department of Workforce Development, et al. (mem. dec.)

Jeffrey M. Kaetzel, Marcia Kaetzel d/b/a J&M Construction v. Donald L. Woods, II and Kori M. McBrayer Woods (mem. dec.)

Mark Smith v. Robert Bowling (mem. dec.)

NFP criminal decisions today (2):

Jeremiah Barnaby Ricks v. State of Indiana (mem. dec.)

Sauntio Carter v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on July 8, 2016 11:16 AM
Posted to Ind. App.Ct. Decisions