Opinions Nov. 12, 2020

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Indiana Court of Appeals
Michael D. Williams v. State of Indiana
20A-CR-1209
Criminal. Reverses Michael Williams’ conviction in Wayne Superior Court of misdemeanor theft after he found and took money left at a grocery-store self-checkout station by a previous customer. Finds that Williams’ conduct does not constitute theft under the existing theft statute.

Michael T. Hackworth v. State of Indiana (mem. dec.)
19A-PC-3090
Post conviction. Affirms the denial of Michael Hackworth’s successive petition for post-conviction relief. Finds Hackworth did not waive his claim regarding the alleged retroactive applicability of the 2013 amendment to the habitual offender enhancement statute because that claim was not known and available to him at trial and/or on appeal. However, finds the Tippecanoe Superior Post-Conviction Court did not err in denying the latter claim because the trial court correctly applied the habitual offender enhancement statute that was in effect at the time Hackworth committed his crimes.

In the Matter of the Commitment of B.E. v. Health and Hospital Corporation d/b/a Sandra Eskenazi Mental Health Center (mem. dec.)
20A-MH-1018
Mental health. Affirms the trial court’s order for B.E.’s involuntary temporary commitment to Sandra Eskenazi Mental Health Center. Finds sufficient evidence to prove B.E. was gravely disabled. Finds the hospital presented clear and convincing evidence in Marion Superior Court supporting the its temporary commitment order.

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