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Opinions Dec. 21, 2012

December 21, 2012
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Indiana Court of Appeals
Steven E. Malloch v. State of Indiana
17A03-1201-CR-37
Criminal. Affirms conviction of Class A felony child molesting for an incident involving his stepdaughter. There was no prosecutorial misconduct and the trial court did not err by admitting Malloch’s apology letter to C.P. Although Malloch did not receive a perfect trial, the appellate judges are confident he received a fair trial.

Kenneth S. Tipton v. State of Indiana
47A01-1201-CR-4
Criminal. Affirms conviction of Class C felony criminal recklessness. Believes someone shooting a gun at a residence may, for purposes of a criminal recklessness prosecution, create a substantial risk of bodily injury to another person even if the resident is away from home at the moment of the shooting.

Patrick Austin v. State of Indiana
20A03-1112-CR-588
Criminal. Affirms conviction of and sentence for two counts of Class A felony possession of cocaine. The trial court did not abuse its discretion in continuing Austin’s trial. Sentence is not inappropriate as Austin was caught transporting cocaine worth over four million dollars, and he had a prior felony conviction and two firearms-related arrests, and had previously been found with one million dollars in cash, which police seized.

Charles D. Stutz v. State of Indiana (NFP)
32A04-1205-CR-255
Criminal. Affirms convictions of Class D felonies resisting law enforcement and intimidation.

Michael R. Anderson, Jr. v. State of Indiana (NFP)
71A04-1204-CR-220
Criminal. Affirms convictions of Class C misdemeanor operating a motor vehicle while never having received a driver’s license, Class A misdemeanor possession of marijuana and possession of marijuana as a Class D felony.

Term. of the Parent-Child Rel. of B.W., Minor Child; R.C., Father v. Indiana Dept. of Child Services (NFP)
02A03-1204-JT-173
Juvenile. Affirms involuntary termination of parental rights.

Joseph Lamar Johnson v. State of Indiana (NFP)
18A04-1206-CR-316
Criminal. Affirms sentence following conviction of Class D felony possession of marijuana after a jury found Johnson guilty of Class A misdemeanor possession of marijuana and found he had previously been convicted of possession of marijuana.

Anthony K. McCullough v. State of Indiana (NFP)
49A02-1110-CR-955
Criminal. Grants rehearing and reverses previous decision. Now affirms the revocation of McCullough’s probation.
 

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