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Wednesday, May 11, 2011

Ind. Decisions - Court of Appeals issues 2 today (and 8 NFP)

For publication opinions today (2):

In A.Y. v. Review Board, a 10-page opinion in a case involving a pro se appellant, Judge Vaidik writes:

Because there was no participation slip with A.Y.’s telephone number in the administrative law judge’s file, the ALJ dismissed A.Y.’s appeal which challenged the claims deputy’s determination that she was ineligible for unemployment benefits. A.Y. sought to reinstate her appeal, claiming that good cause existed because she indeed faxed the participation slip with her telephone number to the ALJ using a fax machine that did not print off confirmation sheets, called to confirm receipt of the fax, and then called the ALJ’s office during the time allotted for her hearing when she never received a call. The Director of Unemployment Insurance Appeals (Director) denied A.Y.’s motion for reinstatement of appeal, and the Review Board of the Indiana Department of Workforce Development (Review Board) affirmed the Director’s denial, concluding that A.Y.’s telephone number was not in the ALJ’s file. However, neither the Director nor the Review Board made a finding as to whether A.Y. called the ALJ’s office during the forty-five minutes allotted for her telephonic hearing. If A.Y. indeed called, then A.Y. has shown good cause for reinstatement of her appeal, and the Review Board shall reinstate her appeal. We therefore reverse and remand this matter for further findings.
In Walter Lee Liddell v. State of Indiana , a 13-page opinion, Judge Vaidik writes:
Walter Lee Liddell appeals his convictions for rape, criminal confinement, and related offenses. Liddell was accused of sexually assaulting two girls. His defense at trial was mistaken identity. On the fourth day of trial, the State called a late-discovered eyewitness. Liddell moved to exclude the witness or allow a continuance to prepare accordingly. The trial court denied both requests but ensured Liddell an opportunity to depose the witness before he appeared. The new witness testified that Liddell was with the victims on the night in question and drove away with them right before the alleged assault. Liddell was convicted as charged. He appeals, arguing that the trial court erred by letting the witness testify and providing no continuance before his testimony. We conclude that the trial court acted within its discretion. First, we find an insufficient showing of misconduct by the State to mandate exclusion of the witness. Second, Liddell was able to depose the witness the day before he testified and cross-examine him at length in court. Finally, Liddell identifies no specific, responsive measures that he was prevented from taking and that he would have pursued had the trial court granted a more substantial continuance. We affirm.
NFP civil opinions today (2):

Involuntary Commitment of J.K. (NFP)

J.J., et al., Alleged to be CHINS; J.W. & T.J. v. IDCS (NFP)

NFP criminal opinions today (6):

Terrell Bryant Nelson v. State of Indiana (NFP)

Corey J. Kirts v. State of Indiana (NFP)

Andrew Cory v. State of Indiana (NFP)

Rikki L. Vestal v. State of Indiana (NFP)

Jeffrey S. White v. State of Indiana (NFP)

Davy Lee Phipps v. State of Indiana (NFP)

Posted by Marcia Oddi on May 11, 2011 12:42 PM
Posted to Ind. App.Ct. Decisions