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Monday, September 24, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 9 NFP)

For publication opinions today (1):

In Rosalio Pedraza v. State of Indiana , a 20-page opinion, including a concurring opinion beginning on p. 18, Judge Robb writes:

Following a jury trial, Rozalio Pedraza was convicted of two counts of operating a vehicle while intoxicated (“OWI”) causing death and having a prior OWI conviction in the last five years, both Class B felonies, and OWI causing serious bodily injury and having a prior OWI conviction in the last five years, a Class C felony, and was determined to be an habitual substance offender. The trial court ordered that Pedraza serve an aggregate term of fifty-two years. Pedraza now appeals his sentence, arguing that the trial court erroneously entered a judgment of conviction for OWI causing serious bodily injury, that the trial court found an improper aggravating circumstance, that the trial court abused its discretion in failing to find mitigating circumstances, that Pedraza’s sentence is inappropriate based on his character and the nature of the offenses, and that the trial court erroneously ordered Pedraza’s sentences to run consecutively. Concluding that the trial court properly entered a judgment of conviction for OWI causing serious bodily injury, that the trial court did not abuse its discretion in its identification of the aggravating and mitigating circumstances, that Pedraza’s sentence is not inappropriate, and that the trial court properly ordered Pedraza’s sentences to run consecutively, we affirm. * * *

BRADFORD, J., concurs.
VAIDIK, J., concurs in result with separate opinion. [that concludes] I would hold that the trial court abused its discretion in finding as an aggravating circumstance the same convictions supporting Pedraza’s habitual offender finding. Nonetheless, because the other aggravating circumstances identified by the trial court are sufficient to support Pedraza’s sentence, I concur in the result reached by the majority.

NFP civil opinions today (2):

Wernle, Ristine & Ayers v. B.O.M. Corporation d/b/a Tonertek and Jamie Phillips (NFP) - "Wernle, Ristine, & Ayers (“WRA”) appeals the trial court’s apportionment of liability between Jamie Philips and B.O.M. Corp. d/b/a Tonertek. WRA raises two issues, which we revise and restate as: I. Whether the trial court’s finding that Philips hired WRA to draft a franchise agreement was clearly erroneous; and II. Whether the trial court’s failure to award prejudgment interest to WRA was clearly erroneous. We affirm."

Larry E. Becker v. T II, LLC (NFP) - This 5-page opinion by Senior Judge Barteau, where the issue was "Whether the trial court abused its discretion when it denied Becker’s motion to vacate a default judgment," includes a one-page concurring opinion by Senior Judge Sullivan.

NFP criminal opinions today (7):

Terry D. Neukam v. State of Indiana (NFP)

Myron D. Brooks v. State of Indiana (NFP)

Kevin Elroy Hardesty v. State of Indiana (NFP)

Calvin Cartlidge v. State of Indiana (NFP)

Tanya M. Stephens v. State of Indiana (NFP)

Jonathan Scott Derenski v. State of Indiana (NFP)

Jonathan Scott Derenski v. State of Indiana (NFP)

Posted by Marcia Oddi on September 24, 2007 11:55 AM
Posted to Ind. App.Ct. Decisions