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Wednesday, August 29, 2007
Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)
For publication opinions today (0):
In Michael L. James v. State of Indiana , a 6-page opinion, Judge Robb writes:
Case Summary and Issue. Following a jury trial at which he was found guilty of possession of methamphetamine, a Class C felony, Michael James appeals the trial court’s denial of his motion to correct error. Specifically, he raises the issue of whether the trial court properly refused to give him credit for the time he spent incarcerated and on house arrest while awaiting trial on two charges, which were eventually dismissed, for dealing in methamphetamine and possession of methamphetamine. We conclude the trial court did not abuse its discretion in refusing to give James credit for the time he spent on pre-trial house arrest; however, the trial court did commit error in denying James credit for the time he spent in pre-trial confinement. We therefore affirm in part and reverse in part.NFP civil opinions today (1):
Larry W. Haynes v. Lisa M. Haynes (NFP) - "Larry and Lisa Haynes’s marriage was dissolved in Madison Superior Court. Larry appeals and raises three issues; however, we find the following issues to be dispositive: whether the trial court abused its discretion when it found that Larry’s alcohol use constituted dissipation of marital assets, but that Lisa did not dissipate marital assets when she transferred a three-quarters interest in the marital residence to her children. Concluding that the trial court’s finding that Larry dissipated marital assets is not supported by the evidence, we affirm in part, reverse in part, and remand this case to the trial court with instructions to recalculate its division of the marital estate. * * *
"The trial court’s finding that Larry dissipated marital assets is not supported by the evidence. Because the trial court relied on this finding at least in part in issuing its judgment, we remand this case to the trial court with instructions to recalculate its division of the marital estate."
NFP criminal opinions today (4):
Arvin Cruite v. State of Indiana (NFP)
William Mays v. State of Indiana (NFP)
August Trotter v. State of Indiana (NFP)
Lester T. Smith v. State of Indiana (NFP)
Posted by Marcia Oddi on August 29, 2007 01:05 PM
Posted to Ind. App.Ct. Decisions