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Friday, August 24, 2007

Ind. Decisions - 2 transfers granted today

The following transfers were announced this morning:

Theron Hunter v. State, a NFP issued June 21, 2007, where Judge Riley concludes:

Here, Hunter admits to violating his probation, but nonetheless argues the trial court abused its discretion in ordering him to serve his entire suspended sentence. Hunter submits ordering a portion of his suspended sentence would be more appropriate. Hunter claims “[a]t the most, a mistake was made.” (Appellant’s Br. p. 10). Due to Hunter’s child molesting convictions leading to his probation, and the fact that this violation is directly related to children – improper contact with children – it was not an abuse of discretion for the trial court to require that Hunter serve his entire four-year suspended sentence. Conclusion. Based on the foregoing, we find the evidence was sufficient to revoke Hunter’s probation and the trial court appropriately imposed Hunter’s four-year suspended sentence.
Anthony Stewart v. Signe Vullient (see ILB summary here), issued May 30, 2007, where Judge Sharpnack wrote in part:
Anthony N. Stewart (“Father”) appeals the trial court’s grant of a motion to dismiss filed by Signe L. (Stewart) Vulliet (“Mother”). Father raises three issues, which we consolidate and restate as whether the trial court abused its discretion by dismissing child custody and visitation issues based upon inconvenient forum. On cross appeal, Mother argues that the trial court abused its discretion by finding that Mother waived any argument regarding their child’s home state under the Uniform Child Custody Jurisdiction Act (“UCCJA”), Ind. Code §§ 31-17-3-1 to -25. We affirm in part, reverse in part, and remand.

Posted by Marcia Oddi on August 24, 2007 11:05 AM
Posted to Ind. Sup.Ct. Decisions