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Indiana Supreme Court
Latoya Lee v. State of Indiana
49S02-1511-CR-638
Criminal. Reverses Lee’s conviction of attempted aggravated battery as a lesser included offense of a murder charge dismissed by the court and remands with instructions to enter a judgment of acquittal. Charging murder, or conspiracy to commit murder, by shooting does not, without more, give fair notice of lesser included charges based on a beating. It was fundamental error to convict her based on a critical operative fact the state never pleaded and in fact disclaimed at trial.
Indiana Court of Appeals
Noah Pittman v. State of Indiana
49A05-1504-CR-137
Criminal. Affirms convictions and sentence for Class B felony attempted stalking and Class A misdemeanor carrying a handgun without a license. The trial court did not deny Pittman’s motion to dismiss the charge of attempted stalking; the general attempt statute, as applied in this case, is not void for vagueness; there is sufficient evidence to support his attempted stalking and handgun convictions; and his sentence of four years in community corrections followed by two years suspended to probation is not inappropriate.
Tommy Orlando Townsend, Sr. v. State of Indiana
02A03-1503-CR-90
Criminal. Affirms convictions and 55-year sentence for Class A felony burglary and Class B felony criminal confinement. The jury properly rejected Townsend’s insanity defense because there was evidence that his mental state at the time of the offenses was due to voluntary intoxication rather than a result of mental disease or defect. The court also concluded that any error in instructing the jury was harmless. The trial court did not abuse its discretion by declining to find that temporary mental illness was a mitigating factor.
Imre L. Falatovics v. Amy L. Falatovics (mem. dec.)
46A03-1412-DR-449
Domestic relation. Affirms amended dissolution decree, finding no abuse of discretion when, upon inclusion of additional assets in the marital pot on remand as directed by the Court of Appeals, the trial court divided the martial estate equally.
Arthur L. Gates v. State of Indiana (mem. dec.)
82A01-1504-PC-149
Post conviction. Affirms denial of Gates’ petition for post-conviction relief.
Eqwan Garrett v. State of Indiana (mem. dec.)
49A02-1408-PC-589
Post conviction. Affirms denial of Garrett’s petition for post-conviction relief.
Roy Morgan v. State of Indiana (mem. dec.)
49A02-1409-CR-654
Criminal. Affirms Morgan’s conviction of Class D felony intimidation, concluding that his second trial on the charge of intimidation, following his acquittal of the charge of criminal confinement in his first trial, was not barred by Indiana’s Double Jeopardy Clause.
Equity Trust Company, et al. v. James P. Knepp and Andrea K. Slagh d/b/a Hahn, Walz & Knepp (mem. dec.)
71A03-1411-PL-393
Civil plenary. Affirms jury verdict in favor of the Smiths’ on their lawsuit against Hahn Walz & Knefpp for negligence after the firm failed to provide the proper notice of a tax sale to the interested parties. The trial court did not abuse its discretion in excluding testimony regarding HWK’s malpractice insurance limits and there was sufficient evidence to support the jury award.
Paul M. Camp v. State of Indiana (mem. dec.)
01A02-1503-CR-143
Criminal. Affirms convictions of two counts of Class D felony possession of a precursor by a methamphetamine offender, holding the trial court did not abuse its discretion in refusing to give Camp’s proposed jury instructions.
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