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Wednesday, May 23, 2012
Ind. Decisions - Court of Appeals issues 3 today (and 2 NFP)
For publication opinions today (2):
In Lisa Reynolds v. Daniel Capps , a 6-page opinion, the issue is "whether Reynolds was denied due process when the trial court ordered her to vacate her apartment." Judge Barnes writes:
Scholars and judges consistently characterize provision of a neutral decision-maker as one of the three or four core requirements of a system of fair adjudicatory decisionmaking.” * * *Gabriel J. Sharkey v. State of Indiana - The issue here is: Whether the trial court properly sentenced Sharkey. The 8-page opinion by Judge Riley walks through the reasons why the Court is affirming.
[I]t is clear that the September 13, 2011 hearing did not satisfy the very minimum due process requirements—namely that a judge, or someone so authorized, preside over the hearing. In fact, this hearing was conducted by the court reporter. This violated Reynolds’s right to a neutral decision-maker. Further, no witnesses were sworn, no evidence was heard, and Reynolds was not given the opportunity to defend against the ejectment. Reynolds was then presented with a pre-signed order requiring her to vacate the premises. This violated her right to present a defense. * * *
Even taking into account the informality of the small claims process, if the hearings on evictions are regularly conducted without a judicial officer present, we pointedly and directly express our concern and expect that situation to be remedied. Reynolds has made a prima facie showing that the September 13, 2011 hearing was conducted in a matter that denied her due process. Thus, the order requiring Reynolds to vacate the premises and the subsequent damages award must be reversed.
Because the manner in which the hearing was conducted denied Reynolds due process, we reverse.
In Willie Huguley v. State of Indiana , a 6-page opinion, Sr. Judge Sharpnack writes:
Willie Huguley is attempting to revive his original appeal and appeal the denial of his petition for postconviction relief. We conclude that Huguley cannot receive belated appellate review of the denial of postconviction relief, but we remand to the trial court to determine whether he has been without fault and diligent in pursuit of his original appeal.NFP civil opinions today (0):
NFP criminal opinions today (2):
Posted by Marcia Oddi on May 23, 2012 01:36 PM
Posted to Ind. App.Ct. Decisions