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Friday, March 17, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 7 NFP memorandum decision(s))

For publication opinions today (1):

In Michael Miller v. State of Indiana, a 29-page opinion, Judge Barnes writes:

Michael Miller appeals his conviction for attempted murder. We reverse and remand.

The issues we address today are: I. whether Miller was denied his right to a speedy trial under Indiana Criminal Rule 4(B); II. whether the trial court properly rejected his insanity defense; and III. whether the trial court applied an incorrect standard in convicting Miller of attempted murder. * * *

Miller’s speedy trial rights were not violated by the trial court’s granting of the State’s continuance motion. There was sufficient evidence as a matter of law to reject Miller’s insanity defense. However, it is apparent the trial court as fact finder applied the incorrect standard of a “knowing” mens rea rather than “specific intent to kill” in deciding to convict Miller of attempted murder. We reverse and remand for a new trial in accordance with this opinion.

NFP civil decisions today (4):

Sally Witherspoon v. Tawanna Brown (mem. dec.)

Sanders Development Group, Inc. v. Willow Properties, LLC (mem. dec.)

Don Niemeyer, Jon Niemeyer, Brent Hegerfeld, Stanley Hegerfeld, Hoagland Holdings, LLC, et al. v. The Board of Trustees of Allen County Regional Water & Sewer District (mem. dec.)

In Re: The Matter of Joyce Hall Incapacitated Adult, Barbara Rich and Donald Rich v. Imogene Suzann Fischman (mem. dec.)

NFP juvenile and criminal decisions today (3):

Garit Tuggle v. State of Indiana (mem. dec.)

Miguel A. Garcia-Cheverez v. State of Indiana (mem. dec.)

Samuel Jacob Fies v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on March 17, 2017 10:48 AM
Posted to Ind. App.Ct. Decisions