Opinions Jan. 9, 2017

Keywords Court opinions
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Indiana Court of Appeals
Robert Wilder v. State of Indiana

49A02-1706-CR-1420
Criminal. Affirms Robert Wilder’s conviction of battery resulting in bodily injury as a Class A misdemeanor and the term of his probation that prohibits him from possessing a firearm. Finds the Marion Superior Court did not commit fundamental error by failing to sua sponte exclude Det. Kevin Duley’s testimony under Rule of Evidence 704(b) because Wilder “opened the door” to that testimony. Also finds the trial court did not abuse its discretion when it imposed the probation condition because the condition does not violate the Second Amendment or Article 1, Section 32 of the Indiana constitution.

Damon Blinks v. State of Indiana (mem. dec.)
49A02-1706-CR-1190
Criminal. Affirms Damon Blinks’ conviction of unlawful possession of a firearm by a serious violent felon as a Level 4 felony. Finds Blinks’ conviction does not offend due process. Judge Rudolph Phyle concurs in result with separate opinion.

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