Wednesday, March 14, 2012
Ind. Decisions - Court of Appeals issues 2 today (and 18 NFP)
For publication opinions today (2):
In In Re the Adoption of M.P.S., Jr.; A.S. v. M.P.S., Sr., M.S., and An.S., a 13-page opinion, Judge Bailey writes:
A.S. (“Mother”) appeals the denial of her motion for relief from judgment, wherein she alleged fraud, duress, and lack of procedural due process in the adoption of M.P.S., Jr., her child with M.P.S., Sr. (“Father”), by Father’s mother and step-father (“Grandparents”). Mother presents the sole issue of whether the trial court erred in refusing to set aside the adoption. We reverse and remand with instructions. * * *Dominique D. Woods v. State of Indiana - Affirmed. Issue: whether the jury’s guilty finding for assisting a criminal is logically inconsistent with its guilty finding for robbery as an accomplice.
The record is replete with evidence of procedural error, involuntariness, and fraud upon the court. In light of the extremely irregular and – to some extent – fraudulent circumstances surrounding the adoption of M.P.S., Jr., we conclude that Mother has met her burden to set aside the adoption. Her consent was invalid as a matter of law. We remand to the trial court with instructions to vacate the adoption decree, and to comply with Indiana Code Section 31-14-13-1, which vests sole legal custody of a child born out of wedlock in the biological mother.
NFP civil opinions today (3):
NFP criminal opinions today (15):
Posted by Marcia Oddi on March 14, 2012 12:28 PM
Posted to Ind. App.Ct. Decisions