Opinions Aug. 22, 2016

August 22, 2016

Indiana Court of Appeals
Douglas M. Curtis v. State of Indiana
Criminal. Reverses conviction of Class A misdemeanor criminal trespass. Because the apartment complex where Curtis had been living with his father provided him a 48-hour grace period to remove his property and Curtis was arrested while in the process of gathering his personal belongings, there was insufficient evidence to support the conviction.
David Heber v. Indianapolis Metropolitan Police Department, and City of Indianapolis Office of Corporation Counsel
Civil plenary. Reverses dismissal of Heber’s complaint and remands for proceedings. Defendants stipulated that controlling caselaw requires reversal, but failed to do so at the trial court. This resulted in significant delay in resolving the case, and Heber is entitled to appellate attorney fees under Indiana Appellate Rule 67 because the city continued a wholly meritless and possibly frivolous argument. Remands for a calculation of fees.

Larry R. Beedy, Jr. v. State of Indiana
Criminal. Majority reverses conviction of Level 5 felony sexual misconduct with a minor because Beedy was erroneously precluded from asserting the ‘Romeo and Juliet’ affirmative defense set forth in I.C. 35-42-4-9(e). Remands with instructions to vacate the conviction. Judge Cale Bradford dissents with opinion.  

Keith Jenkins v. State of Indiana (mem. dec.)
Criminal. Affirms revocation of probation and sentence imposed.

In re the Marriage of: Jennifer Bell v. John K. Bell (mem. dec.)
Domestic relation. Dismisses appeal of interim order on implementation of parenting time schedule, ruling this is not an appealable order.

Marshawn Malik Weems v. State of Indiana (mem. dec.)
Criminal. Affirms conviction of Level 2 felony robbery.