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Monday, February 02, 2009

Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)

For publication opinions today (0):

NFP civil opinions today (2):

Dwight G. Fry v. Indiana Dept. of Correction, Prison Health Services of Indiana, et al (NFP) is a 3-page petition for rehearing. The Court agrees with Fry's claim that his Notice of Appeal was timely filed, based on a 1988 SCOTUS decision that " the date a pro se prisoner delivers notice to prison authorities for mailing should be considered the date of filing, not the date of receipt. * * * Therefore, we withdraw that reason for dismissing Fry’s appeal." However, the Court ays that the other ises were fully addressed in the original opinion, conluding: "We reaffirm our decision to dismiss Fry’s appeal, but grant the petition for rehearing solely for the purpose of clarifying the reasons for that dismissal."

Term. of Parent-Child Rel. of C.S. v. Dept. of Child Services of Grant County (NFP) - " Concluding the Grant County Department of Child Services (“GCDCS”) presented clear and convincing evidence to support the trial court‟s judgment terminating Father‟s parental rights, we affirm. "

NFP criminal opinions today (2):

Jeremy Chambers v. State of Indiana (NFP)

Maurice Carter v. State of Indiana (NFP)

Posted by Marcia Oddi on February 2, 2009 11:48 AM
Posted to Ind. App.Ct. Decisions