The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 2 today (and 15 NFP)

« Ind. Courts - More on: Unsolved Tippecanoe County Courthouse bombing nearly ten years old | Main | Ind. Courts - "Bloomington Attorney Charged in Securities Scam" »

Thursday, May 29, 2008

Ind. Decisions - Court of Appeals issues 2 today (and 15 NFP)

For publication opinions today (2):

In In the Matter of the Adoption of D.C.; H.R. v. R.C., a 16-page opinion, Judge Bradford writes:

Appellant-Respondent H.R. (“Biological Mother”) appeals the trial court’s order denying her motion to set aside an adoption decree in favor of Appellee-Petitioner R.C. (“Adoptive Mother”) on the basis that Indiana Code section 31-19-14-4 bars her challenge as untimely. Upon appeal, Biological Mother claims that the adoption decree, which was entered without notice to her, was void for lack of personal jurisdiction and violated her due process rights. Concluding that Indiana Code section 31-19-14-4 is unconstitutional as applied to the instant circumstances, we reverse and remand to the trial court for a hearing on the merits of Adoptive Mother’s adoption petition. * * *

We conclude that section 31-19-14-4, when applied to bar Biological Mother’s challenge to the adoption proceedings in this case, creates an unconstitutional due process violation. Biological Mother has the fundamental right to make decisions regarding the care, custody, and control of her children, and this right falls within the protections of the Due Process Clause of the Fourteenth Amendment to the United States Constitution.

R.J.G. v. State of Indiana - "Appellant-Respondent R.J.G. appeals from the juvenile court’s disposition following his admission that he committed what would have been, if committed by an adult, Class C felony Criminal Recklessness and Class A misdemeanor Marijuana Possession. We affirm in part, reverse in part, and remand with instructions."

NFP civil opinions today (5):

James A. Gates, IV v. Kelly Wilder Gates (NFP) - "Appellant James A. Gates IV (“Father”) appeals from the trial court’s December 23, 2007 order regarding his ability to exercise his parenting time over the 2007 Christmas holiday and his child support obligation. On appeal, Father contends that the trial court abused its discretion in modifying the Mediated Settlement Agreement (“divorce agreement”), failing to enforce the agreement, finding that Father was voluntarily unemployed or underemployed, and imputing $50,000 annual income to Father for the purpose of figuring his child support obligation. Concluding that the trial court did not abuse its discretion in any regard, we affirm."

State of Indiana v. Tina S. Weatherwax-Ausman (NFP) - "We cannot conclude that two individuals arriving at a superstore parking lot together and separately proceeding to purchase one box of pseudoephedrine each is in and of itself a reasonable basis for intruding on one’s privacy. Although Trooper Burgess has extensive training and knowledge of methamphetamine-related crimes, Bulington’s holding stands. Without more, there was an insufficient basis to support the stop of Weatherwax-Ausman. Again, the State has not established that all reasonable inferences lead to a conclusion opposite that reached by the trial court."

Dennis Peterson v. Miami Correctional Facility, et al (NFP) - "The Facility was entitled to retain possession of and ultimately destroy Peterson’s hotpot, notwithstanding the not guilty finding in the disciplinary action. We affirm the small claims judgment in favor of the Facility."

Elaine Reynosa v. Review Board of the Indiana Dept. of Workforce Development, and Indianapolis Public Schools (NFP) - "Elaine Reynosa appeals the decision of the Review Board of the Indiana Department of Workforce Development (the “Board”) that she was discharged for just cause and the resulting denial of her unemployment benefits. Reynosa claims that there was insubstantial evidence to support the Board’s decision. We affirm."

Donald E. Beatty v. Stacy Beatty (NFP) - "The trial court properly modified Donald’s weekly child support obligation."

NFP criminal opinions today (10):

John Hollins v. State of Indiana (NFP)

Matthew R. Johnson v. State of Indiana (NFP)

Abjul K. Johnson v. State of Indiana (NFP)

Jerry Craig v. State of Indiana (NFP)

Jerry Shipley v. State of Indiana (NFP)

Ira L. Wilson v. State of Indiana (NFP)

James Rose v. State of Indiana (NFP)

Berry A. Sauer v. State of Indiana (NFP)

Marlin D. Hostetler v. State of Indiana (NFP)

Michael A. Quillen v. State of Indiana (NFP)