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Friday, August 15, 2014

Ind. Decisions - Court of Appeals issues 4 today (and 11 NFP)

For publication opinions today (4):

In Allison I. (Wagaman) Decloedt v. Shane C. Wagaman, a 13-page opinion, Judge Najam writes:

Allison (Wagaman) DeCloedt (“Mother”) appeals the dissolution court’s order denying her motion to relocate and granting Shane Wagaman’s (“Father”) petition to modify custody and parenting time. Mother presents a single issue for our review, namely, whether the dissolution court’s order is clearly erroneous. * * *

Here, the evidence supports the dissolution court’s findings, and the findings support the conclusions. Thus, the findings and conclusions are not clearly erroneous and the dissolution court did not abuse its discretion when it denied Mother’s motion to relocate and granted Father’s petition to modify custody. Affirmed.

In In the Matter of: S.A. (Minor Child), Child in Need of Services and M.H. (Father) v. The Indiana Department of Child Services , an 18-page opinion, Judge Riley writes:
Appellant-Respondent, M.H. (Father), appeals the trial court’s Order continuing the adjudication of his minor child, S.A. (the Child), as a Child in Need of Services (CHINS). We reverse.
In Dee Ward v. State of Indiana , a 15-page opinion, Judge Bradford writes:
During the early morning hours on April 10, 2013, Appellant-Defendant Dee Ward repeatedly struck J.M. with a leather belt, causing J.M. to suffer extreme pain and serious bruising from her waist to her ankles. J.M.’s mother and step-father called 911 upon discovering J.M.’s injuries immediately after Ward dropped J.M. off at their home. The medical personnel who treated J.M. observed the severity of J.M.’s injuries. In the course of receiving treatment, J.M. indicated to the treating paramedic and emergency room forensic nurse that her injuries were caused by Ward. Ward was subsequently charged with and convicted of Class C felony battery and Class A misdemeanor domestic battery.

On appeal, Ward contends that the trial court abused its discretion in admitting J.M.’s identification of him as the attacker through the testimony of the treating paramedic and forensic nurse. Ward also contends that the evidence is insufficient to sustain his conviction for Class C felony battery, i.e., battery committed by means of a deadly weapon. Concluding that the Confrontation Clause does not apply because J.M.’s statements to the treating paramedic and forensic nurse were not testimonial and that the evidence is sufficient to prove that Ward committed the underlying battery by means of a deadly weapon, we affirm.

In Michael Kevin Mallory v. State of Indiana , a 5-page opinion, Judge Bradford writes:
Appellant-Petitioner Michael Kevin Mallory appeals the trial court’s denial of his petition to expunge his Class D felony conviction records. Indiana Code section 35-38-9-3(e) provides that the trial court “shall order” expungement if all statutory requirements are met. It is undisputed that Mallory met the requirements of Indiana Code section 35-38-9-3(e). Because the word “shall” is ordinarily construed as mandatory language, we conclude that Indiana Code section 35-38-9-3(e) unambiguously requires expungement if all statutory requirements are met. We reverse the trial court’s judgment and remand with instructions. * * *

The State concedes to this relief, acknowledging our holding in Taylor and the General Assembly’s amendment of Indiana Code section 35-38-9-9(d).

The judgment of the trial court is reversed and remanded with instructions.

NFP civil opinions today (2):

In the Matter of the Termination of the Parent-Child Relationship of: D.D. (Minor Child) and B.T. (Mother) and D.D. (Father) v. Indiana Department of Child Services (NFP)

In Re: The Paternity of R.M.: Laura K. Chivers v. Jeffery L. Marquardt (NFP)

NFP criminal opinions today (9):

Thomas Yoder v. State of Indiana (NFP)

Terry A. Moore v. State of Indiana (NFP)

J.E. v. State of Indiana (NFP)

Dennis Wireman v. State of Indiana (NFP)

In the Matter of Q.F. v. State of Indiana (NFP)

Marshawn A. Moore v. State of Indiana (NFP)

Debb Durbin v. State of Indiana (NFP)

Stephen W. McIntyre v. State of Indiana (NFP)

Darnell M. Rias, Sr. v. State of Indiana (NFP)

Posted by Marcia Oddi on August 15, 2014 10:47 AM
Posted to Ind. App.Ct. Decisions