Opinions Nov. 20, 2017

Keywords Opinions

Indiana Court of Appeals
Allan Highwood v. State of Indiana (mem. dec.)
Criminal. Affirms Allan Highwood’s conviction for battery by means of a deadly weapon as a Level 5 felony. Finds evidence of probative value was presented from which the trial court as the trier of fact could find beyond a reasonable doubt that Highwood committed the offense of battery by means of a deadly weapon.

M.D. v. State of Indiana (mem. dec.)
Juvenile. Affirms the juvenile court’s order awarding wardship of M.D. to the Department of Correction. Finds the juvenile court had jurisdiction and that any claim of procedural error is untimely given M.D.’s lack of an objection before the juvenile court. Also finds the disposition ordered by the juvenile court is consistent with M.D.’s best interest and the safety of the community.

Corbin Callis v. State of Indiana (mem. dec.)
Criminal. Affirms the 5,492 days Corbin Callis was ordered to serve after the revocation of his probation. Finds the Howard Superior Court was not required to consider mitigating circumstances or give credit for time spent in a pretrial diversion program when imposing sanctions for probation violation.

Ryan Patrick Rucker v. State of Indiana (mem. dec.)
Criminal. Affirms the denial of Ryan Patrick Rucker’s motion to correct erroneous sentence. Finds there is no error on the fact of the sentencing judgment.

Latham E. Small v. State of Indiana (mem. dec.)
Criminal. Affirms Latham E. Small’s conviction of Count II, rape by knowingly or intentionally having intercourse with H.D. when H.D. was unaware and vacates his conviction of Count III, rape by knowingly or intentionally having sexual intercourse with H.D. when she was so mentally disabled or deficient that she could not give consent. Finds the two rape convictions were based on the same actual evidence. Also finds the evidence was sufficient to convict Small of the act alleged in Count II. Remands to the Allen Superior Court with instructions to amend its order.

Rebecca Lawson v. State of Indiana (mem. dec.)
Criminal. Reverses Rebecca Lawson’s convictions of felony murder and Level 1 felony attempted murder. Finds the Marion Superior Court inexplicably did not instruct the jury as to self-defense, and that failure denied Lawson fundamental due process and made a fair trial impossible. Also finds fundamental error occurred. Remands to the trial court for a new trial.

Anthony M. Aquino v. State of Indiana (mem. dec.)
Criminal. Affirms Anthony M. Aquino’s sentence to an aggregate of 12 years, with five years executed and seven years suspended to probation, for his convictions of two counts of arson as Level 4 felonies. Finds Aquino has not carried his burden of proving the sentence imposed by the Allen Superior Court is inappropriate.

Kristopher W. Bunting v. State of Indiana (mem. dec.)
Criminal. Reverses the revocation of Kristopher W. Bunting’s probation and direct placement in community corrections and order that he serve the balance of his original two-year sentence. Finds the community corrections program director lacked the authority to deprive Bunting of any good time credit. Remands with instructions to re-calculate Bunting’s earned credit time to include the days he earned while serving on Work Release.

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