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Wednesday, October 26, 2016

Ind. Decisions - Court of Appeals issues 1 opinion(s) today (and 12 NFP memorandum decision(s))

For publication opinions today (1):

In George D. Jones v. State of Indiana, et al. , a 6-page opinion, Judge Altice writes:

George D. Jones appeals the denial of his petition for specialized driving
privileges, which he filed about six and a half years after having his Indiana driver’s licen se suspended for life by the trial court . On appeal, Jones contends that the trial court improperly denied his petition. Jones asks that we remand the case to the trial court with instructions to stay the lifetime suspension and issue specialized driving privileges with the condition that he be required to use a photo/video ignition interlock device. We affirm. * * *

We cannot conclude that the trial court abused its broad discretion in this case. As observed by the trial court, Jones is a habitual traffic viol ator with approximately twenty - seven traffic - related convictions since 1997 and two OWI convictions in 2004 and 2009. He currently resides in Mississippi, a substantial distance away from Indiana, and his request suggests that he will be driving regularly in Mississippi and Louisiana and occasionally with two small children. The trial court’s concerns about enforceability and public safety under the specific circumstances of this case support its decision to deny Jones’s petition. We reject the invitati on to reweigh the evidence and substitute our judgment for that of the trial court.

NFP civil decisions today (6):

In the Matter of J.T., D.O.B. 12/16/02, alleged to be a Delinquent Child (mem. dec.)

In Re the Marriage of: Cheryl Smith v. Lawrence Robinson (mem. dec.)

C.N. and G.N. v. Indiana Department of Child Services (mem. dec.)

Community Park Investments, Inc. v. Jamie Guess and Barry Lewis, Jr. (mem. dec.)

In the Term. of the Parent-Child Relationship of: S.P. and A.P. (Minor Children), and C.P. (Mother) v. The Indiana Department of Child Services (mem. dec.)

Richard A. Brown and Janet Brown v. City of Valparaiso, Indiana (mem. dec.)

NFP criminal decisions today (6):

Brian L. Blevins, Sr. v. State of Indiana (mem. dec.)

Michael Bertram v. State of Indiana (mem. dec.)

Richard D. Carter v. State of Indiana (mem. dec.)

Kent R. Blair, Sr. v. State of Indiana (mem. dec.)

Timothy Weakley v. State of Indiana (mem. dec.)

Antonio L. Ware v. State of Indiana (mem. dec.)

Posted by Marcia Oddi on October 26, 2016 10:35 AM
Posted to Ind. App.Ct. Decisions