The Indiana Law Blog: Ind. Decisions - Court of Appeals issues 1 today (and 13 NFP)

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Friday, August 03, 2007

Ind. Decisions - Court of Appeals issues 1 today (and 13 NFP)

For publication opinions today (1):

In Bobby Lee Turner, Jr. v. State of Indiana , a 9-page opinion involving the doctrine of amelioration, the issue is: Whether the trial court properly sentenced Turner for nonsupport of a dependent child, a Class C felony, Ind. Code § 35-46-1-5(a). Judge Riley concludes:

For the following reasons, we finally conclude that Turner – as a defendant charged when the old statute was in effect and sentenced when the new statute was in effect – was entitled to take advantage of the more lenient sentencing available under the new statute: (1) the new statute contains no saving clause to exclude the doctrine of amelioration from applying; (2) the new statute does have an ameliorative effect in Turner’s case; and (3) the full intent of the legislature cannot be determined, and therefore we err on the side of giving Turner the advantage; and (4) Turner was charged less than one year before the new statute took effect; and furthermore, even if his trial had not been continued for more than five years, he nonetheless would have been convicted after the new statute’s effective date. Consequently, we conclude that the trial court erred in sentencing Turner for nonsupport of a dependent child as a Class C felony. As a result, we remand this case to the trial court with instructions to sentence Turner in accordance with a Class D felony.

CONCLUSION Based on the foregoing, we conclude the trial court improperly sentenced Turner. Due to the application of the doctrine of amelioration, Turner’s sentence should reflect that of a Class D felony rather than a Class C felony. Reversed and remanded with instructions to resentence Turner under the amended version of I.C. § 35-46-1-5(a).

NFP civil opinions today (2):

In Dennis Chavez v. Victoria (Chavez) Mason (NFP), a 30-page opinion, Judge Barnes concludes:

The trial court erred in ordering Dennis to pay for one-half of K.C.’s private school education without making the necessary findings that would support such an order. We remand for further consideration of that issue. We also remand for further consideration of Dennis’s motion for attorney fees as sanctions for Victoria’s alleged violations of discovery orders. We reverse outright the finding that Dennis was in arrears in his child support obligation and the accompanying contempt finding. We affirm outright the judgment in favor of Victoria with respect to the Gillette retirement account, subject to a slight recalculation of the amount owed. We also affirm outright the trial court’s refusal to hold Victoria in contempt and to appoint a “parenting time coordinator” for the parties. Affirmed in part, reversed in part, and remanded.

NAJAM, J., concurs. RILEY, J., concurs in result

Matter of the Termination of the Parent-Child Relationship of T.A.D., Dawn M. Dillon v. White County Department of Child Services (NFP) - "The evidence presented at trial is sufficient to support termination of Dillon’s parental rights. We affirm."

NFP criminal opinions today (11):

William Tyrone Thomas v. State of Indiana (NFP)

John Crump v. State of Indiana (NFP)

Eric Justin Dove v. State of Indiana (NFP)

William Mann v. State of Indiana (NFP)

Javon Cushenberry v. State of Indiana (NFP)

Casey Seyfried v. State of Indiana (NFP)

Brett A. Baker v. State of Indiana (NFP)

Ricky W. Outlaw v. State of Indiana (NFP)

Guy Dean Smith v. State of Indiana (NFP)

Eric Guess v. State of Indiana (NFP)

Ronald Simes, Jr. v. State of Indiana (NFP)