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Friday, September 30, 2016

Ind. Decisions - Court of Appeals issues 4 opinion(s) today (and 11 NFP memorandum decision(s))

For publication opinions today (4):

In Duane Herron v. State of Indiana, an 11-page opinion, Judge Crone writes:

Duane Herron appeals his conviction for level 6 felony attempted obstruction of justice, following a jury trial. Herron’s central assertion on appeal is that the State was unable to present sufficient evidence to establish that he committed attempted obstruction of justice as charged because the State charged him under the wrong part of the obstruction of justice statute. We restate the dispositive issue as whether the trial court erred in denying Herron’s motion for directed verdict on that basis. Concluding that the trial court erred, we reverse Herron’s conviction for attempted obstruction of justice. * * *

Accordingly, we agree with Herron that “the person” as used in Indiana Code Section 35-44.1-2-2(a)(2)(C) refers only to a person absenting himself or herself from a proceeding or investigation to which the person has been legally summoned. Because the State chose to charge Herron pursuant to subpart (a)(2)(C), and because there is no evidence that Herron attempted to absent himself from his criminal proceeding, the record is devoid of evidence on one or more elements of the charged offense. Therefore, the trial court erred in denying Herron’s motion for a directed verdict. His conviction for attempted obstruction of justice is reversed.

In Robert Kadrowvach v. State of Indiana , a 6-page opinion, Judge Crone writes:
Robert Kadrovach appeals his conviction for class A felony attempted murder resulting from a stabbing incident in downtown Indianapolis. He asserts that the trial court fundamentally erred in instructing the jury as to the mens rea necessary to convict him of attempted murder. Concluding that he has failed to establish fundamental error, we affirm. * * *

Given that Instruction 8 specifically emphasized the intent to kill requirement, we believe that the instructions as a whole were sufficient to indicate that “intent to kill” was required in order to convict Kadrovach of attempted murder. As a result, we do not believe that the jury was misled by the challenged jury instructions. Finding that Kadrovach has failed to establish that he was deprived of a fair trial as a result of the challenged jury instructions, we conclude that the error did not rise to the level of fundamental error. Accordingly, we affirm.

In Jason L. Bloomfield v. State of Indiana, a 12-page opinion, Judge Crone writes:
Jason L. Bloomfield appeals his convictions for two counts of level 5 felony battery of a public safety official resulting in bodily injury and one count of level 6 felony battery of a public safety official. He asserts that the evidence is insufficient to support the jury’s rejection of his insanity defense. We conclude that there was conflicting expert evidence as to whether Bloomfield was able to appreciate the wrongfulness of his actions at the time of the offenses and whether his mental state at the time of the offenses was the result of a mental disease or defect or voluntary intoxication. Thus, there was sufficient evidence for the jury to find that Bloomfield was legally sane when he committed the offenses. Accordingly, we affirm.
In Ricky R. House, Jr. v. State of Indiana, a 10-page opinion, Judge Barnes writes:
Ricky House appeals his convictions for three counts of Level 1 felony rape, two counts of Level 5 felony criminal confinement, and one count each of Level 5 felony kidnapping, Class A misdemeanor battery resulting in bodily injury, and Class A misdemeanor pointing a firearm. We affirm.

House raises one issue, which we restate as whether the trial court properly excluded evidence of the victim’s prior drug usage.

NFP civil decisions today (5):

Janet L. McDaniel v. Mark L. McDaniel (mem. dec.)

In the Matter of the Marriage of Frederick Soskel v. Jo Betty Ingram (mem .dec.)

In re the Termination of the Parent-Child Relationship of E.R. (minor child) and J.R. (father) v. The Indiana Department of Child Services (mem. dec.)

In re the Termination of the Parent-Child Relationship of J.D. and T.M. (minor children) and S.B. (Father) and T.W. (Father) v. Indiana Department of Child Services (mem. dec.)

In re the Termination of the Parent-Child Relationship of: A.H. & P.H. (Minor Children) and T.S. (Mother) and D.H. (Father) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (6):

W.B., III v. State of Indiana (mem. dec.)

J.B. v. State of Indiana (mem. dec.)

Billy Campbell v. State of Indiana (mem. dec.)

Myron Tools v. State of Indiana (mem. dec.)

Shane Kervin v. State of Indiana (mem. dec.)

William C. McCollum v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on September 30, 2016 12:59 PM
Posted to Ind. App.Ct. Decisions