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Opinions Feb. 12, 2015

February 12, 2015

The following Indiana Supreme Court decision was posted after IL deadline Wednesday:
Brandon Brummett v. State of Indiana
49S02-1502-CR-69
Criminal. Clarifies that Ryan v. State, 9 N.E.3d 663 (Ind. 2014), a case involving prosecutorial misconduct, did not alter the doctrine of fundamental error. Summarily affirms Court of Appeals reversal of several of Brummett’s convictions due to prosecutorial misconduct.

Indiana Court of Appeals
Jeremy Fitzgerald v. State of Indiana
49A02-1407-CR-507
Criminal. Affirms conviction of Class C felony intimidation. The detainment of Fitzgerald by a Good Samaritan who believed he witnessed a robbery did not amount to a lawful “citizen’s arrest.” But the state presented sufficient evidence to disprove Fitzgerald’s self-defense claim.

In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services
49A02-1402-JC-74
Juvenile. Grants DCS’ petition for rehearing for the purposes of dispelling its misconceptions about the original decision and reaffirms in all respects. Clarifies that opinion does not mean that a juvenile court must wait until both parents appear in court at the same time and hears the matter in its entirety at the same time regarding a child in need of services case. Judge Riley would deny petition for rehearing.

Kevin Townsend v. State of Indiana
09A02-1407-CR-464
Criminal. Affirms convictions of Class B felony vicarious sexual gratification and Class D felony possession of child pornography. Finds sufficient evidence to sustain the convictions. The trial court abused its discretion when it excluded the testimony of a witness on behalf of Townsend, but the error was harmless.

Town of Pittsboro Advisory Plan Commission and Town of Pittsboro Town Council v. Ark Park, LLC
32A01-1308-PL-363
Civil plenary. Reverses denial of the town’s motion to dismiss and the grant of Ark Park’s motion for leave to file its amended complaint regarding the denial of the park’s concept plan for development of real property and claims for declaratory judgment. Because Ark Park failed to comply with the statutory requirements concerning the time for filing the board record for judicial review, it was not entitled to judicial review of the town council’s zoning decision.

Fatima Mays v. State of Indiana (mem. dec.)
49A04-1407-CR-310
Criminal. Affirms conviction and sentence for Class D felony pointing a firearm.

Larry Cameron v. State of Indiana (mem. dec.)
49A02-1407-CR-505
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Ronald Rodgers v. State of Indiana (mem. dec.)
49A02-1406-CR-407
Criminal. Affirms conviction of Class A felony child molesting and 50-year sentence with 10 years suspended.

Michael A. Beitler v. State of Indiana (mem. dec.)
90A02-1406-CR-425
Criminal. Affirms conviction of Class A misdemeanor driving while suspended with a prior judgment within 10 years.

In the Matter of the Guardianship of K.E.H., S.A.K. v. Indiana Department of Child Services (mem. dec.)
19A01-1407-GU-305
Guardianship. Affirms denial of S.A.K.’s request for permanent guardianship of K.E.H.

Derrick Demarco Armstead v. State of Indiana (mem. dec.)
65A01-1408-CR-232
Criminal. Affirms there was no prosecutorial misconduct and the trial court did not abuse its discretion by not allowing Armstead to question the detective about the contents of a video.

Donald W. Riddle v. State of Indiana (mem. dec.)
27A02-1405-CR-355
Criminal. Affirms conviction of Class A felony neglect of a dependent resulting in death.

Roland Mobley v. State of Indiana (mem. dec.)
29A02-1404-CR-282
Criminal. Affirms conviction of Class D felony intimidation.

Majra Russell v. State of Indiana (mem. dec.)
49A02-1407-CR-448
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Jeffrey W. Smith v. State of Indiana (mem. dec.)
34A02-1402-CR-95
Criminal. Affirms conviction of Class D felony failure to register as a sex or violent offender.
 

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