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Wednesday, April 12, 2017

Ind. Decisions - Court of Appeals issues 3 opinion(s) today (and 18 NFP memorandum decision(s))

For publication opinions today (3):

In CH v. AR , a 10-page opinion, Judge Bailey concludes:

There was sufficient evidence adduced to sustain the trial court’s finding of “true” as to a single count of Child Molesting. There was no fundamental error associated with S.B.’s competence to testify at trial.
In State of Indiana v. Amber E. McHenry , an 8-page opinion, Judge Friedlander writes:
The State of Indiana appeals the trial court’s grant of Amber McHenry’s motion to dismiss her Level 2 felony charge of burglary while armed with a deadly weapon, in which the trial court essentially determined that a handgun obtained in the course of a burglary cannot support the elevated charge of burglary while armed with a deadly weapon under IC 35-43-2-1(3)(A). We affirm. * * *

Having concluded that IC 35-43-2-1(3)(A) does not fairly encompass within its language McHenry’s taking of the handgun from the burglary of Stoffel’s residence, we affirm the trial court’s grant of her motion to dismiss the Level 2 felony charge of burglary while armed with a deadly weapon.

In Tipton County Board of Commissioners, et al. v. Gayle Prather, et al., a 9-page opinion, Judge Barnes writes:
The Tipton County Board of Commissioners and the City of Tipton (collectively, “Commissioners”) appeal the trial court’s denial of their motion for a bond in a judicial review action brought by Robert and Gayle Prather. We affirm and remand.

The Commissioners raise several issues, which we consolidate and restate as whether the trial court properly found that the Indiana Public Lawsuit Statute was inapplicable to the Prather’s petition for judicial review. * * *

As in Buse, although some of the Prathers’ claims, such as the traffic issues, have public importance, the main basis of the Prathers’ action is the protection of their own private interests. We conclude that this action is more like the circumstances in Dible and Buse than those in Pepinsky. Consequently, the Public Lawsuit Statute is inapplicable, and the trial court properly denied the Commissioners’ motion for a bond.

Conclusion. The trial court properly denied the motion for a bond. We affirm and remand for further proceedings.

NFP civil decisions today (4):

Foncannon Tax & Financial Services, LLC v. Stephen C. Gubler, et al. (mem. dec.)

Roy Defries, et al. v. Board of Commissioners of Posey County, et al. (mem. dec.)

Termination: JR, et al. v. Indiana Department of Child Services (mem. dec.)

CHINS: DC v. Indiana Department of Child Services (mem. dec.)

NFP juvenile and criminal decisions today (14):

CC v. State of Indiana (mem. dec.)

Christopher Macy v. State of Indiana (mem. dec.)

Marcus Hardy v. State of Indiana (mem. dec.)

Gerald Lynn West v. State of Indiana (mem. dec.)

Gerald Doll v. Robert Guy, et al. (mem. dec.)

Bruce W. Shaw v. Sheri E. Shaw (mem. dec.)

Melanie Marie Thinnes v. State of Indiana (mem. dec.)

Jermaine Davis v. State of Indiana (mem. dec.)

John P. Jones v. State of Indiana (mem. dec.)

Destin Dean Jones v. State of Indiana (mem. dec.)

Marilyn K. Viers v. State of Indiana (mem. dec.)

Mike Harmon v. State of Indiana (mem. dec.)

Damaris A. Smith v. State of Indiana (mem. dec.)

Christopher Reid v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 12, 2017 12:59 PM
Posted to Ind. App.Ct. Decisions