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Wednesday, July 30, 2008

Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)

For publication opinions today (2):

In Tony Billings v. Kendra Odle , an 8-page opinion, Judge Bradford writes:

Appellant-Respondent Tony Billings appeals following the trial court’s order finding him in arrears of his child support obligation. On appeal, Billings claims that he was entitled to credit for child support paid while exercising physical custody over Daughter and that the termination of his obligation to pay a portion of Daughter’s post-secondary education expenses should be applied retroactively to the last date which Daughter was enrolled at a post-secondary institution. Concluding that Billings was entitled to credit for child support paid while exercising physical control over Daughter and that Billings should only be obligated to pay Daughter’s educational expenses for the period of time in which she was actually enrolled at a post-secondary institution, we reverse and remand to the trial court for further proceedings not inconsistent with this opinion.
In Terry Baxter v. State of Indiana , a 20-page opinion, Judge Barnes concludes:
The statutes making failure to properly dispose of a dead animal a Class D felony are constitutional. Allowing Animal Control to retain possession of the nine horses while this case was pending complied with Indiana Code Section 35-46-3-6. The search of Baxter’s property and the seizure of the nine horses did not violate the Indiana Constitution. Finally, there is sufficient evidence to support eight of Baxter’s convictions for Class B misdemeanor animal neglect, but insufficient evidence to support four of those convictions. We affirm the four Class D felony convictions and eight of the Class B misdemeanor convictions and reverse four of the Class B misdemeanor convictions.
NFP civil opinions today (3):

In Re the Adoption of R.W.L.; Rusty L. v. James and Susan M. (NFP) - "In consideration of the facts most favorable to the judgment, the trial court did not clearly err in granting James and Susan’s Petition for Adoption of J.R.M."

American Contracting & Service, Inc. v. City of Jeffersonville, Indiana; et al. (NFP) - "Having concluded that the trial court did not err in denying American summary judgment and having interpreted the contract’s terms to provide that American was entitled to no additional compensation for costs relating to the excavation and replacement of problem soil, we affirm the trial court’s judgment in favor of American in the amount of $1045."

In Re the Matter of Y.O., D.N. & C.o.; and S.N. v. Marion Co. Dept. of Child Svcs. (NFP) - "Seneca N. (“Mother”) appeals from the juvenile court’s determination that her minor children, Y.O., D.N., and C.O., are Children in Need of Services (“CHINS”). Specifically, she contends that her children’s out-of-court statements were not supported by sufficient indications of reliability and that the trial court violated her rights under the Indiana and United States Constitutions by holding the child hearsay hearing and CHINS fact-finding hearing close in time on the same day. Concluding that the trial court did not abuse its discretion in finding that her children’s out-of-court statements were supported by sufficient indications of reliability and that she invited any error relating to the hearing procedure, we affirm."

NFP criminal opinions today (9):

Alfrederick Williams v. State of Indiana (NFP)

Billy J. Oeth v. State of Indiana (NFP)

In re E.T. v. State of Indiana (NFP)

Robert Lyons, Jr. v. State of Indiana (NFP)

Douglas R. Martin v. State of Indiana (NFP)

Charles Sharpe v. State of Indiana (NFP)

James Phillips v. State of Indiana (NFP)

Robert E. Payton, Jr. v. State of Indiana (NFP)

Shane Hillebrand v. State of Indiana (NFP)

Posted by Marcia Oddi on July 30, 2008 11:36 AM
Posted to Ind. App.Ct. Decisions