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Thursday, December 22, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 10 NFP memorandum decision(s))

For publication opinions today (1):

In M.T.V. v. State of Indiana , a 14-page opinion, Judge Bailey writes:

M.T.V. appeals his adjudication of delinquency for Conspiracy to Commit Aggravated Battery, a Level 3 felony if committed by an adult. We affirm.

M.T.V. raises the following restated issues: I. Whether the trial court abused its discretion when it: A. Determined there was a sufficient foundation to admit records of M.T.V.’s Facebook conversations, and B. Admitted statements made by M.T.V.’s coconspirator in those Facebook conversations; and II. Whether the evidence is sufficient to support M.T.V.’s adjudication. * * *

We conclude that, collectively, the State established the requisite reasonable probability that the Facebook records corresponded to M.T.V.’s and B.E.’s accounts and that M.T.V. and B.E. authored the conversations therein. Therefore, the juvenile court did not abuse its discretion with respect to authentication. Our review does not end here, however, because the content of the authenticated conversations must also be admissible. * * *

We find that there is substantial evidence of probative value to support a factfinder’s determination that M.T.V. and B.E. formed an agreement to inflict injury on J.R., during a school shooting to be carried out on April 20, 2018, that would create a substantial risk of J.R.’s death. Accordingly, there is sufficient evidence to support the true finding.

The trial court did not abuse its discretion in admitting Facebook conversations containing statements made by M.T.V. and his coconspirator, and the evidence is sufficient to support the delinquency adjudication.

NFP civil decisions today (5):

In the Term. of the Parent-Child Relationship of: P.J.H. & J.H. (Minor Children) and P.H. (Father) v. The Ind. Dept. of Child Services (mem. dec.)

Gasser Chair Company, Inc. b. Marlene J. Nordengreen (mem. dec.)

Community Park Investments, Inc. v. Jennifer Mahoney and Curtis Glancy (mem. dec.)

In the Term. of the Parent-Child Relationship of: M.M. (Minor Child), and S.M. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

Kurt Brenneman v. Lisa Brenneman and State of Indiana (mem. dec.)

NFP criminal decisions today (5):

D.P. v. State of Indiana (mem. dec.)

Ariel Lasos v. State of Indiana (mem. dec.)

Jonas Jackson v. State of Indiana (mem. dec.)

Trey M. Shirely v. State of Indiana (mem. dec.)

Curtis Bacon v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on December 22, 2016 11:13 AM
Posted to Ind. App.Ct. Decisions