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Tuesday, December 18, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 10 NFP)

For publication opinions today (1):

In Franklin Turner v. State of Indiana, an 18-page opinion, Chief Judge Baker writes:

This case is before us again following a remand to the trial court after we determined that appellant-defendant Franklin D. Turner should have been permitted to withdraw his guilty plea. Following remand, Turner was tried and convicted of Dealing in Cocaine, a class A felony, Possession of Cocaine, a class A felony, Possession of Marijuana, a class A misdemeanor, Possession of Paraphernalia, a class A misdemeanor, Maintaining a Common Nuisance, a class D felony, and Possession of a Schedule IV Controlled Substance, a class C felony.

In this appeal, Turner argues that his convictions must be reversed because: (1) the trial court failed to follow this court’s instructions on remand in conducting a suppression hearing; (2) the police officers improperly searched Turner’s trash; (3) cocaine was improperly admitted into evidence at trial; (4) the evidence was insufficient to support the conviction for dealing in cocaine;7 and (5) he was improperly sentenced. Concluding that Turner’s trash was properly seized in accordance with the standard announced by our Supreme Court in Litchfield v. State, 824 N.E.2d 356 (Ind. 2005), and finding no other error, we affirm the judgment of the trial court.

NFP civil opinions today (3):

Paternity of C.K., Kelli R. York v. Joseph Alan Keesling (NFP) - "Kelli York (“Mother”) appeals the trial court’s grant of a petition for modification of child custody filed by Joseph Keesling (“Father”). Mother raises five issues, which we revise and restate as: I. Whether the trial court had authority to amend its order modifying custody; and II. Whether the trial court abused its discretion by modifying custody. We affirm."

Jon and Sandra Schmoll v. James and Dawn Dines, Town of Porter, Indiana, et al (NFP) - "The owners whose property abuts Glenwood Beach Trail certainly have a common interest in using it to gain access to their homes. Thus, in a limited sense, the Glenwood Beach Trail homeowners, including the Dines and the Schmolls, fit within an accepted definition of “public.” The BZA’s use of the term “easement” is therefore consistent with dictionary definitions for “right-of-way” and “public,” within the parameters discussed above. The Schmolls offer their own interpretation, but we need not consider it because we find the BZA’s interpretation to be reasonable. We therefore conclude that the BZA acted reasonably in upholding the Dineses’ building permit. Affirmed."

Invol. Term. of M.G., and Jerry Gordon v. Marion Co. Dept. of Child Services, and Child Advocates (NFP) - "Appellant-respondent Jerry Gordon appeals the order terminating his parental rights with respect to his daughter, M.G. Jerry contends that the trial court erroneously concluded that appellee-petitioner Marion County Department of Child Services (DCS) met its burden of proving the requisite statutory elements. Finding no error, we affirm the judgment of the trial court."

NFP criminal opinions today (7):

Corey Eugene Bee v. State of Indiana (NFP)

Michael T. Paille v. State of Indiana (NFP)

Alexander Kupczynski v. State of Indiana (NFP)

Robert Thomas v. State of Indiana (NFP)

James B. Miller v. State of Indiana (NFP)

Casey Comai v. State of Indiana (NFP)

Samuel Boyd v. State of Indiana (NFP)

Posted by Marcia Oddi on December 18, 2007 03:05 PM
Posted to Ind. App.Ct. Decisions