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Monday, September 29, 2008
Ind. Decisions - Court of Appeals issues 1 more this afternoon (and 2 more NFP)
For publication opinions today (1):
Michael A. Smith v. State of Indiana This is a 2-1, 12-page opinion. Chief Judge Baker writes:
Appellant-defendant Michael A. Smith appeals the trial court’s order finding him in direct contempt of court. Smith argues that his due process rights were violated because the trial court did not appoint a neutral judge to preside over the hearing at which Smith was sanctioned for his behavior and that the trial court erroneously found his actions to be directly contemptuous. Finding no error, we affirm. * * *NFP civil opinions today (0):ROBB, J., concurs.
RILEY, J., dissents with opinion. [which begins] I respectfully dissent. Master Commissioner Rubick did not have the authority to enter a final order on contempt. Our legislature has promulgated statues that should control our disposition of this case. The majority has ignored those statutes.
NFP criminal opinions today (2):
Linden Cornewell v. State of Indiana (NFP)
Jennifer Harding v. State of Indiana (NFP)
Posted by Marcia Oddi on September 29, 2008 03:47 PM
Posted to Ind. App.Ct. Decisions