Wednesday, March 22, 2017
Ind. Decisions - Court of Appeals issues 2 opinion(s) today (and 12 NFP memorandum decision(s))
For publication opinions today (2):
In Lisa Gill, et al. v. Jeffrey B. Gill, et al. , an 11-page opinion,. Judge Bradford concludes:
In sum, we are bound by the Indiana Supreme Court’s decision with regard to the constitutionality of statutory authority allowing a trial court to order a divorced parent to contribute to their child’s post-secondary educational expenses. In addition, with respect to Jasen Simcox, the trial court did not abuse its discretion in (1) crediting him for nonconforming child support payments made to Amy Likes or (2) basing his financial obligation for T.S.’s post-secondary education on the cost of a public university rather than a private university. In this consolidated appeal, the judgments of the trial courts are affirmed.In Corey A. McAlpin v. State of Indiana, an 11-page, 2-1 opinion, Chief Judge Vaidik writes:
The State charged Corey A. McAlpin with Level 4 felony dealing in methamphetamine (manufacturing), alleging that he was found to be manufacturing the drug around 10 a.m. on August 21, 2014. The State enhanced the offense from a Level 5 felony to a Level 4 felony because it claimed that McAlpin committed the offense in a drug-free zone, that is, in, on, or within 500 feet of Bicentennial Park in Madison, Indiana, “while a person under eighteen (18) years of age was reasonably expected to be present.” Given that August 21 was a school day for public and private schools in the Madison area and the unique status of Bicentennial Park as having an outdoor amphitheater but no playground equipment, benches, or shade trees, we conclude that the State has failed to prove beyond a reasonable doubt that it was reasonably expected that children would be present at the park at the time of the offense. We therefore vacate McAlpin’s conviction for Level 4 felony dealing in methamphetamine and remand with instructions for the trial court to enter judgment of conviction for Level 5 felony dealing in methamphetamine and to resentence him accordingly. * * *NFP civil decisions today (0):
Reversed and remanded.
Brown, J., concurs.
Bradford, J., dissents with separate opinion. [that begins, at p. 8] Because I disagree with the majority’s conclusion that the State failed to prove beyond a reasonable doubt that children were reasonably expected to be present at Bicentennial Park at 10 a.m. that day, I respectfully dissent.
NFP juvenile and criminal decisions today (12):
Posted by Marcia Oddi on March 22, 2017 02:30 PM
Posted to Ind. App.Ct. Decisions