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Wednesday, March 19, 2014

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

For publication opinions today (2):

In D.C., Jr. v. C.A., J.D.A. and B.A., an 8-page opinion, Judge Kirsch writes:

D.C., Jr. (“Father”) appeals from the Madison Circuit Court’s order denying his Petition for Change of Custody of his son, C.C. Concluding that Father’s appeal was not timely filed, we dismiss this appeal. * * *

On or about May 30, 2013, Father filed his Notice of Appeal. After Father filed his appellant’s brief, Grandparents filed a motion to dismiss the appeal for lack of jurisdiction. On November 22, 2013, the motions panel of this court denied Grandparent’s Motion to Dismiss.

On appeal, Grandparents ask this court to revisit the issue of whether this appeal should be dismissed because Father’s Notice of Appeal was not timely filed. Even though our motions panel ruled on this issue, Grandparents are not precluded from again presenting their arguments.

In Shawn Lawrence Corbally v. State of Indiana , a 15-page opinion, Judge Barnes writes:
Shawn Corbally appeals his convictions and 270-year sentence for Class A felony burglary, Class A felony rape, four counts of Class A felony criminal deviate conduct, and two counts of Class B felony criminal confinement. We affirm the convictions but revise the sentence to a term of 165 years.

The reordered and restated issues before us are: I. whether the trial court properly allowed a police investigator to relate the contents of her interview with the victim; and II. whether Corbally’s sentence is inappropriate. * * *

Although the trial court erroneously allowed Cummings to relate M.R.’s prior consistent out-of-court statements to the jury, that error was harmless. We do find Corbally’s sentence to be inappropriate and direct that it be revised to a term of 165 years.

BROWN, J., concurs.
ROBB, J., concurs as to Issue I and dissents without opinion as to Issue II.

NFP civil opinions today (6):

In Citizens Action Coalition of Indiana, Inc., Save the Valley, Inc., Sierra Club, and Valley Watch, Inc. v. Duke Energy Indiana, Inc., Indiana Office of Utility Consumer Counselor, et al. (NFP), a 31-page opinion by Judge Bailey, the panel upholds orders:

... of the Indiana Utility Regulatory Commission related to power plant construction costs incurred by Duke Energy Indiana, Inc. and a settlement agreement executed by Duke, the Duke Energy Indiana Industrial Group, Nucor Steel, and the Office of the Utility Consumer Counselor, adopted as modified by the Commission. One appealed order approves the settlement, as modified, and four others implement it. We affirm.
ILB note: Appellate Rule 65(A)(3) requires a COA opinion to be published if the case "involves a legal or factual issue of unique interest or substantial public importance." That would seen to be true of the Citizens Coalition opinion.

In Re the Guardianship of Anthony J. Panzica, Protected Person, Anthony J. Panzica v. Real Services, Inc. (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: J.E. (Minor Child), and C.E. (Father) v. The Indiana Department of Child Services (NFP)

Justin Whitmore v. South Bend Public Transportation Corporation a/k/a Transpo (NFP)

Mile Djuric v. Eggert Builders, Inc., and Matt Anderson d/b/a Anderson Plastering Co. (NFP)

In the Matter of the Termination of the Parent-Child Relationship of: Z.S., K.S., and M.W., (Minor Children), S.S. (Mother) v. The Indiana Department of Child Services (NFP)

NFP criminal opinions today (3):

Meredith J. Rowley v. State of Indiana (NFP)

David D. Pike v. State of Indiana (NFP)

Andrew Whitmer v. State of Indiana (NFP)

Posted by Marcia Oddi on March 19, 2014 01:30 PM
Posted to Ind. App.Ct. Decisions