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Monday, October 31, 2016

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

For publication opinions today (2):

In Lance E. Brown v. State of Indiana, a 13-page opinion, Judge Mathias writes:

Lance E. Brown (“Brown”) was convicted in Wayne Superior Court of battering a public safety officer, a Level 6 felony, by resisting the entry into his Richmond home by two officers (“the Officers”) of the Richmond Police Department (“RPD”). Brown appeals his conviction as unsupported by evidence sufficient to rebut his affirmative defenses of self-defense and defense of his dwelling, and challenges the trial court’s interpretation of applicable statutes. * * *

Under the totality of these specific facts and circumstances, we hold that the Officers’ conduct was reasonable and thus lawful. Accordingly, there is no need to reach the question, as the trial court did, of whether Brown acted with reasonable force in self-defense. Affirmed.

In Justin S. Johnson v. State of Indiana, a 15-page opinion, Judge Brown writes:
Justin S. Johnson appeals the trial court’s order revoking his community corrections placement and ordering him to serve the remainder of his executed sentence in prison. Johnson 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. * * *

The evidence supports the trial court’s determination that Johnson violated the term of his community corrections placement that he not leave his apartment and its decision to revoke the placement. However, under the circumstances reflected in the record, including the level of Johnson’s functioning and his resources, his previous successful placement on work release, the nature of the violation, and the severity of the court’s sentence, we conclude that the trial court abused its discretion in finding that Johnson’s violation warranted serving the entirety of the remaining portion of his executed sentence in the DOC. * * * Accordingly, we remand to the trial court with instructions to enter an order that Johnson be placed on work release for the remaining portion of his executed sentence.

NFP civil decisions today (2):

In the Matter of P.G. (Minor Child), Child in Need of Services J.G. (Father), P.G. (Guardian), and M.G. (Guardian) v. The Indiana Department of Child Services (mem. dec.)

In the Termination of the Parent-Child Relationship of: J.P. and R.P. (Minor Children), and, N.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)

NFP criminal decisions today (5):

Juan Reyes v. State of Indiana (mem. dec.)

Jordon P. Stroud v. State of Indiana (mem. dec.)

Fernando Trujillo v. State of Indiana (mem. dec.)

Erica Lupkin v. State of Indiana (mem. dec.)

Janine M. Jackson v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 31, 2016 12:52 PM
Posted to Ind. App.Ct. Decisions