Indiana Court of Appeals
Billy Savoy v. State of Indiana (NFP)
Criminal. Reverses and remands to the trial court with instructions to vacate Savoy’s conviction for theft, a Class D felony, leaving as is his conviction and sentence for criminal mischief, a Class D felony. Rules Savoy has shown that there is a reasonable possibility that the trial court used the same evidentiary facts to establish the essential elements of theft and criminal mischief thus violating Indiana’s Double Jeopardy Clause.
Martin Mendoza v. State of Indiana (NFP)
Criminal. Reverses and remands the denial of Mendoza’s motion for return of his $658 taken at the time of his arrest. Rules there is no finding based on admissible evidence that Mendoza could not lawfully posses the property under the State forfeiture statutes or that Mendoza failed to file his motion properly. Consequently, the trial court was without authority to deny his motion for return of property.
Tammy Coleman v. Darryl Davis (NFP)
Order of Protection. Affirms trial court’s decision to enter a protective order against Coleman and in favor of Davis. Concludes the evidence was sufficient to permit the trial court, acting as the trier of fact, to reasonably conclude that Coleman was a “family or household member” who threatened physical harm to Davis or placed Davis in fear of physical harm, thereby committing “domestic or family violence” under the Civil Protection Order Act. In his dissent, John Baker argued the evidence presented in court failed to establish a sufficient threat under the CPOA.
The Indiana Supreme Court issued no opinions before IL deadline.