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Friday, March 04, 2005

Ind. Decisions - Court of Appeals posts two today

George F. Sanders v. State of Indiana (3/4/05 IndCtApp) [Criminal Law & Procedure]
Robb, Judge

A jury found George Sanders guilty of two counts of child molesting, one count as a Class A felony and one count as a Class C felony. The trial court merged the convictions and sentenced Sanders to thirty years in the Indiana Department of Correction. Sanders now appeals. We reverse.

Issues. Sanders raises two issues for our review, which we restate as the following: [1] Whether the trial court properly admitted into evidence a letter written by Sanders to the trial court; and [2] Whether the trial court properly excluded evidence proffered by Sanders of the alleged victim’s mental history. * * *

Conclusion. Although we hold that the trial court did not abuse its discretion in excluding evidence of J.R.’s mental history, we reverse Sanders’s convictions because the trial court abused its discretion in admitting into evidence the redacted version of a letter written by Sanders to the trial court. Reversed.
RILEY, J., and CRONE, J., concur

Steven C. Fuerst v. Review Board and Grand Victoria Casino (3/4/05 IndCtApp) [Workers' Compensation]
Darden, Judge
Steven C. Fuerst appeals the decision by the Review Board of the Indiana Department of Workforce Development that denied his application for unemployment compensation benefits. We affirm. * * *

As indicated in FACTS, the evidence supported the findings that the relative positions of the three men, the repeated unusual hand movements, and the improper removal of cards from the table were facts which should have been observed by Fuerst, as the dealer, and which should have led him to take some investigatory action. Absent appropriate action by Fuerst on behalf of Grand Victoria, the players won money that they would not have won otherwise. Further, the evidence indicated that the dealer was required to count the cards after every fifth hand and that Fuerst failed to observe this rule that existed for the protection of Grand Victoria. The evidence supports the findings of fact, and the findings of fact support the reasonable conclusion that Fuerst breached his duty to Grand Victoria. Moreover, we find the Board's conclusion that the discharge of Fuerst was for just cause to be a correct interpretation and application of the law. See Perfection Bakeries, 783 N.E.2d at 739. Affirmed.
MAY, J., and BARNES, J., concur.

Posted by Marcia Oddi on March 4, 2005 02:14 PM
Posted to Ind. App.Ct. Decisions