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Tuesday, April 04, 2017

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 5 NFP memorandum decision(s))

For publication opinions today (1):

In Joseph Lee Pierson v. State of Indiana, a 15-page opinion, Judge Baker writes:

Joseph Pierson appeals his conviction for Neglect of a Dependent Resulting in Death, a Class A Felony. He argues that because he is intellectually disabled he could not have formed the requisite intent to knowingly and voluntarily neglect a dependent; instead, he requests that he be convicted of reckless homicide. Additionally, he argues that the trial court erred by permitting one expert witness to testify via video deposition, and by permitting another expert witness to suggest that the legal definition of “mental disease” or “insanity” requires psychosis or hallucination. We find that there was sufficient evidence from which a jury could find that Pierson acted in a knowing and voluntary manner, that parties in a criminal case are permitted to agree to use a video deposition, and that the full context of the experts’ remarks did not mislead the jury of the applicable legal standards; accordingly, we affirm.
NFP civil decisions today (0):

NFP juvenile and criminal decisions today (5):

Joseph P. Holstead v. State of Indiana (mem. dec.)

Jeremy Alan Riddle v. State of Indiana (mem. dec.)

James A. McNabb v. State of Indiana (mem. dec.)

Steven N. Hyland v. State of Indiana (mem. dec.)

Natividad Perez-Mendoza v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 4, 2017 11:03 AM
Posted to Ind. App.Ct. Decisions