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Tuesday, February 16, 2010
Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)
For publication opinions today (0):
NFP civil opinions today (2):
Term. of Parent-Child Rel. of C.B.; R.C. v. IDCS (NFP) - Afirmed.
Mariea L. Best v. Russell C. Best (NFP) - "We affirm the trial court‟s refusal to order a custody evaluation during the course of the current modification proceedings, and also affirm its decision to grant Father sole legal custody of M.B. We reverse its decision to modify physical custody of M.B., and remand for the physical custody arrangement reflected in the April 2007 agreement to be reinstated as to M.B. We also reverse the trial court‟s finding that Mother is in contempt, but otherwise affirm its reducing the previously-ordered attorney fees to judgment."
NFP criminal opinions today (1):
William Baxter v. State of Indiana (NFP) - "Regardless, we believe it would be prudent to remand this case for the trial court to enter a correct abstract of judgment. Baxter asserts that Marion County trial courts do not issue any judgment of conviction or sentencing order separate from the abstract of judgment. Indeed, we see no such documents in the record before us, only the trial court‟s oral entry of judgment at the beginning of the sentencing hearing. In any event, it is not too much to ask that abstracts of judgment accurately reflect a defendant's conviction(s), so as to avoid any potential for confusion in the future regarding the defendant‟s criminal history.
"There is sufficient evidence to support Baxter's conviction for rape as a Class A felony. We remand for the trial court to issue a corrected abstract of judgment that accurately reflects the judgments of conviction it entered against Baxter."
Posted by Marcia Oddi on February 16, 2010 10:55 AM
Posted to Ind. App.Ct. Decisions