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Thursday, April 05, 2007
Ind. Decisions - Court of Appeals issues 2 today (and 2 NFP)
For publication opinions today (2):
Jason J. Green v. Laura S. Green - - "Jason Green appeals the trial court’s denial of his petition to modify custody of his son, B.G. Jason raises several issues on appeal, one of which we find to be dispositive: whether the trial court erred in denying Jason’s motion for change of venue from the judge. Finding that the trial court should have granted the change of judge, we reverse the judgment of the trial court and remand this cause for the selection of a new judge and a new trial on Jason’s petition to modify custody of B.G. * * *
We acknowledge that our resolution of this case will extend this nearly-two-year-long custody fight, but Trial Rule 76(C)(3) establishes Jason’s right to a change of judge. When the trial court granted a new trial, it should have granted Jason’s motion for change of judge. Because it did not, we remand this cause to the trial court for the selection of a new judge and a new trial on Jason’s petition to modify custody of B.G. Reversed and remanded with instructions."
Michael Gayden v. State of Indiana - "Michael Gayden appeals his convictions for possession of a firearm by a convicted domestic batterer as a class A misdemeanor and criminal mischief as a class B misdemeanor. We affirm."
The decision includes an interesting footnote:
[6] We recognize that by applying the U.S. Supreme Court’s guidelines regarding testimonial vs. non-testimonial statements in 911 recordings, we have reached a counterintuitive result by concluding that Epperson’s identification of Gayden on the 911 recording was “non-testimonial” for purposes of the Sixth Amendment but that at least some portion of the recording was properly admitted as the State’s only substantive evidence against Gayden in this case. An artificial construct of the Supreme Court, the testimonial/ non-testimonial construct is somewhat ironic in this context. However, we are left with the irony, pending further enlightenment.
NFP civil opinions today (0):
NFP criminal opinions today (2):
Omar G. Burton v. State of Indiana (NFP)
Grover Whitinger v. State of Indiana (NFP)
Posted by Marcia Oddi on April 5, 2007 01:30 PM
Posted to Ind. App.Ct. Decisions