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Monday, October 05, 2009
Ind. Decisions - Court of Appeals issues 3 today (and 5 NFP)
For publication opinions today (3):
In Adoption of E.L.; R.J. v. V.N. , a 13-page opinion, Judge Robb writes:
R.J., the putative father of E.L., filed a paternity petition on his own behalf and on behalf of E.L. to establish his paternity of E.L. The trial court, after consolidating the paternity petition with a pending adoption matter, dismissed the paternity petition. R.J. appeals and raises two issues, which we consolidate and restate as whether the trial court properly dismissed the paternity petition. Concluding dismissal was proper with respect to co-petitioner R.J. but improper with respect to co-petitioner E.L., we affirm in part, reverse in part, and remand. * * *Andrew Prairie v. State of Indiana - "Andrew G. Prairie appeals his conviction of Identity Deception, a class D felony, presenting the following restated issue for review: Did the trial court abuse its discretion in admitting evidence pursuant to Indiana Evidence Rule 404(b)? We affirm."We acknowledge the apparent anomaly that a putative father barred by one statutory section from petitioning for paternity on his own behalf may nevertheless succeed in filing, under a different statutory section, substantially the same petition as next friend on behalf of the child. Yet where two statutes appear inconsistent in some respect, we must give effect to both if possible. B.W., 908 N.E.2d at 592. Moreover, the general assembly, when revising the adoption and paternity statutes in 1997, did not alter the provision allowing a child to petition for paternity by next friend, but instead recodified it. Compare Ind. Code § 31-6-6.1-2(a)(4) (1996), with Ind. Code § 31-14-5-2 (1997). The general assembly did so notwithstanding the line of cases that, since 1992 when we decided G.D.H., 599 N.E.2d 237, have permitted a parent barred from petitioning for paternity on his or her own behalf to file a paternity petition as next friend on behalf of the child. See id. at 241. We see no reason, therefore, to depart from these precedents.
Conclusion. The trial court properly dismissed the paternity petition as filed by R.J. on his own behalf but erred in dismissing the petition as filed on behalf of E.L. The trial court’s dismissal is affirmed with respect to co-petitioner R.J. and reversed with respect to co-petitioner E.L., and the case is remanded for further proceedings consistent with this opinion.
Jeffrey Phelps v. State of Indiana - "Based on the foregoing, we conclude that the trial court's determination that Phelps is a sexually violent predator is not supported by sufficient evidence; Phelps waived his claim of error caused by the State's cross-examination of his statement at sentencing, and the trial court abused its discretion when sentencing Phelps. Additionally, we conclude that Phelps' sentence is inappropriate when considering the nature of his offenses and his character, and we revise his sentence so that he serves an aggregate sentence of four years in the Department of Correction."
NFP civil opinions today (1):
Estate of Nathaniel Kappel v. William Kappel, Judith Kappel, and Mark Kappel (NFP) - "Construing the designated evidentiary material in the light most favorable to the Estate, we conclude that there remain genuine issues of material fact as to the entitlement of the proceeds of the State Life policy. As set forth above in detail, there are numerous facts in dispute and the undisputed material facts are capable of supporting conflicting inferences with regard to the issue of who is entitled to the proceeds of the State Life policy. We therefore conclude that the trial court erred in granting summary judgment in favor of William and Mark."
NFP criminal opinions today (4):
Gary M. Thompson v. State of Indiana (NFP)
Steven M. Johnson v. State of Indiana (NFP)
Nicholas Liss v. State of Indiana (NFP)
Ronald Williams v. State of Indiana (NFP)
Posted by Marcia Oddi on October 5, 2009 01:12 PM
Posted to Ind. App.Ct. Decisions