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Wednesday, October 20, 2010

Ind. Decisions - Court of Appeals issues 2 today (and 9 NFP)

For publication opinions today (2):

In James C. Blevins v. Elizabeth Blevins , a 9-page opinion, Judge Vaidik writes:

This is a child custody proceeding involving application of the counselor/client privilege. Mother and Father had a minor son and minor daughter. Mother was awarded physical custody of both children. Son touched Daughter inappropriately and was adjudicated a delinquent for sexual battery. He received counseling thereafter. His counselor frequently noted that he remained at high risk to reoffend. Father sought physical custody of Daughter as a result of the incident. At the custody modification hearing, Father offered into evidence Son’s counseling records. The trial court excluded the records, finding them inadmissible pursuant to the counselor/client privilege. The trial court declined to modify custody, and Father appealed. Indiana Code section 31-32-11-1 abrogates the counselor/client privilege in any judicial proceeding “resulting from a report of a child who may be a victim of child abuse or neglect or relating to the subject matter of the report or failing to report.” We conclude that this is one such proceeding and that the counselor/client privilege therefore does not apply. Accordingly, we find the trial court erred by excluding Father’s evidence. We reverse and remand.
In Charles R. Wyatt, et al. v. Thomas E. Wheeler, et al. , a 17-page opinion, Sr. Judge Sullivan writes:
This appeal involves the denial of a challenge to a candidacy for the Indiana House of Representatives in the primary election of 2010.

Appellant/Cross-Appellee/Petitioner Charles R. Wyatt appeals from the Marion Superior Court's denial of his verified petition for review of final agency action by the Indiana Elections Commission (IEC) and for preliminary injunctive and declarative relief (verified petition). Appellee/Cross-Appellant/Respondent Susan Ellspermann appeals the denial of her request for attorney's fees. We affirm.

NFP civil opinions today (3):

Adoption of K.A.; R.R. v. N.J., et al. (NFP)

East Valparaiso LLC v. Physicians for Women, et al. (NFP)

Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)

NFP criminal opinions today (6):

Keesha Johnson v. State of Indiana (NFP)

Howard Smallwood v. State of Indiana (NFP)

Mark A. Rode v. State of Indiana (NFP)

Bruce Fivecoat v. State of Indiana (NFP)

Antrooine A. Manning v. State of Indiana (NFP)

Marlet D. Turpin v. State of Indiana (NFP)

Posted by Marcia Oddi on October 20, 2010 10:32 AM
Posted to Ind. App.Ct. Decisions