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Tuesday, August 16, 2016

Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 11 NFP memorandum decision(s))

For publication opinions today (2):

In State of Indiana v. Yvonne S. Morgan , a 12-page opinion, Judge Bradford writes:

In September of 2014, Appellant-Plaintiff the State of Indiana charged Appellee-Defendant Yvonne Morgan with Class B felony conspiracy to commit dealing in a schedule III controlled substance and Class C felony corrupt
business influence. Approximately one year later, Morgan moved to dismiss the charges against her, and the State filed an amended information charging Morgan with two counts of Class B felony conspiracy to commit dealing in a schedule III controlled substance, Class C felony corrupt business influence, and three counts of Class B felony aiding dealing in a schedule III controlled substance. Morgan filed a renewed motion to dismiss all of the charges against her, which motion the trial court granted. The State now appeals, arguing that the trial court abused its discretion in granting Morgan’s motion to dismiss. Because we agree, we reverse and remand with instructions to reinstate the charges against Morgan. * * *

We conclude that the trial court abused its discretion in dismissing the criminal charges against Morgan on the basis that the facts alleged did not constitute criminal offenses. We further conclude that Morgan has failed to establish that the criminal statutes in question were void for vagueness as applied to her. We therefore reverse the judgment of the trial court and remand with instructions to reinstate the criminal charges against Morgan.

In Harry L. Lacy v. State of Indiana, an 11-page opinion, Judge May writes:
Harry L. Lacy appeals his conviction of Level 6 felony identity deception arguing the trial court abused its discretion by declining to give his tendered jury instructions. He also claims the prosecutor committed misconduct by arguing Lacy had the burden to prove an affirmative defense. * * *

Because Lacy’s tendered instructions either incorrectly stated the law or were not supported by the record, the trial court did not abuse its discretion by declining them, and the prosecutor did not commit misconduct by discussing the elements as outlined in the court’s instructions. Accordingly, we affirm.

NFP civil decisions today (4):

Charles Sweeney v. Senator David C. Long, President Pro Tempore, Indiana General Assembly, et al. (mem. dec.)

Sharon Mallory v. Karen Freeman-Wilson, in her official capacity as Mayor of the City of Gary, Indiana, Attorney General of Indiana (mem. dec.)

In re the Termination of the Parent-Child Relationship of Ga.R., Gr.R., & J.R. (minor children) and D.R. (mother) v. The Indiana Department of Child Services (mem. dec.)

In the Matter of J.C., Minor Child, A Child in Need of Services, B.T. v. Indiana Department of Child Services, and Child Advocates, Inc. (mem. dec.)

NFP criminal decisions today (7):

Justin Walsh v. State of Indiana (mem. dec.)

Brian Davis v. State of Indiana (mem. dec.)

Timothy S. Morrow, Jr. v. State of Indiana (mem. dec.)

Anthony Allen v. State of Indiana (mem. dec.)

Christopher George Gordon v. State of Indiana (mem. dec.)

Jeremiah Beverly v. State of Indiana (mem. dec.)

Charles Sharpe v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on August 16, 2016 11:26 AM
Posted to Ind. App.Ct. Decisions