Opinions July 17, 2024

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Indiana Court of Appeals
Tyrone D. Bradshaw v. State of Indiana
23A-CR-2700
Criminal. Reverses Tyrone Bradshaw’s conviction in Marion Superior Court for a Level 6 felony of pointing a firearm and remands with instructions for the trial court to vacate that conviction and its corresponding sentence. Finds the state cannot demonstrate a distinction between the criminal confinement allegation and the pointing-a-firearm allegation based on the facts from trial. Also finds the state failed to rebut the presumptive double jeopardy violation under step three of the state’s substantive double jeopardy analysis. Judge Paul Felix dissents with a separate opinion.

In Re the Guardianship of: Anthony Adducci, Incapacitated Person Indiana Family and Social Services Administration v. Cheryl Adducci, Guardian for Anthony Adducci
23A-GU-2433
Guardianship. Reverses the Lake Superior Court’s denials of the Indiana Family and Social Services Administration’s motions to intervene and for relief from judgment and remands with instructions. Finds FSSA had a right to intervene in the action because the support order diverted money to Cheryl Adducci that would have otherwise gone to pay Anthony Adducci’s medical bills and it had no other way to challenge it. Also finds FSSA was entitled to relief from judgment because it was a necessary party to the action who had not been served, rendering the support order void. Finally, finds that the support order is without legal basis.

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