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Thursday, April 14, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 8 NFP memorandum decision(s))

For publication opinions today (1):

In Mason W. Meunier-Short v. State of Indiana, an 18-page opinion, Judge Robb concludes:

We remand to the trial court to conduct an indigency hearing prior to the termination of Meunier-Short’s probation, or in the event the State files a petition to revoke his probation, prior to revoking Meunier-Short’s probation for failure to pay fines, costs, and fees. In addition, we vacate the portion of the Supplemental Probation Order imposing a $200.00 substance abuse fee and $200.00 alcohol and drug countermeasures fee. The trial court was without authority to impose either fee and erred by doing so. As for the probation condition requiring Meunier-Short to return to school and maintain a “C” average, we conclude the trial court abused its discretion by imposing this condition in addition to requiring he maintain full time employment. We remand with instructions to amend the Probation Order by giving Meunier-Short the option to either maintain full time employment or “faithfully pursue” a course of study that will equip him for suitable employment. Ind. Code § 35-38-2-2.3(a)(1). Reversed in part and remanded with instructions.
NFP civil decisions today (4):

David Patrick Walters v. Jessica R. (Walters) Wittman (mem. dec.)

In the Term. of the Parent-Child Relationship of: K.M. (Minor Child) and T.M. (Mother) v. The Ind. Dept. of Child Services (mem. dec.)

Barn Phil, LLC, et al. v. TWCF Property, LLC (mem. dec.)

Robin L. Rajski v. Robert Rajski (mem. dec.)

NFP criminal decisions today (4):

Dejuan Wells v. State of Indiana (mem. dec.)

David Oxley v. State of Indiana (mem. dec.)

Jacqueline Williams v. State of Indiana (mem. dec.)

James Lee Roby v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on April 14, 2016 01:23 PM
Posted to Ind. App.Ct. Decisions