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Friday, January 22, 2010

Ind. Decisions - Court of Appeals issues 2 today (and 7 NFP)

For publication opinions today (2):

In Ronald D. Osborn v. State of Indiana , a 4-page opinion where appellant-petitioner appeals the post-conviction court’s denial of his motion to correct erroneous sentence, Judge Riley's opinion concludes:

Here, Osborn’s motion to correct erroneous sentence is based on his claim that the State presented insufficient evidence at his trial. This is not an error that would be clear from the face of the judgment imposing the sentence in light of the statutory authority. Rather, Osborn’s claims would require consideration of the record, which is not appropriate in proceedings considering a motion to correct erroneous sentence. Therefore, the trial court did not abuse its discretion by denying Osborn’s motion to correct erroneous sentence.
In Adoption of J.C., J.A.C. v. T.C. , a 9-page opinion, the Natural Father appealed the trial court's Decree of Adoption of the minor child J.C. in favor of Adoptive Father. Judge Riley's opinion concludes:
Based on the totality of the evidence before us, we agree with the trial court that Natural Father's consent to the adoption is not required as he has clearly abandoned his minor child within the requirements of I.C. § 31-19-9-8(b). Even prior to his incarceration, Natural Father's interaction with J.C. was limited, not taking advantage of the full visitation time that he was granted and stopping all visitation on February 14, 2008, a full five months before his incarceration. Even during his incarceration, his efforts to communicate with J.C. were almost non-existent and failed to amount to a sincere attempt to stay involved in J.C.'s life. See Williams v. Townsend, 629 N.E.2d 252, 254 (Ind. Ct. App. 1994) (holding that the father's communications were token efforts where he sent an occasional letter or card while incarcerated and took no legal action to enable visitation or communication). Therefore, we affirm the trial court's decision.
NFP civil opinions today (3):

Tanya Alton v. Matthew Alton (NFP) - "Tanya Alton (Tanya) appeals from the trial court’s grant of Matthew Alton’s (Matthew) motion to correct error, in which the trial court altered the distribution of marital assets set forth in its final dissolution decree based upon post-dissolution evidence submitted during the motion to correct error hearing. Wife presents one issue for our review: Did the trial court err in granting Matthew’s motion to correct error?"

Term. of Parent-Child Rel. of S.F., et al.; M.F. & T.F. v. IDCS (NFP)

Term. of Parent-Child Rel. of A.M.G. and A.G.; A.G. v. IDCS (NFP)

NFP criminal opinions today (4):

Jeffrey Baker v. State of Indiana (NFP)

Dale Brown v. State of Indiana (NFP)

Derrick Love v. State of Indiana (NFP)

Travis G. Raber v. State of Indiana (NFP)

Posted by Marcia Oddi on January 22, 2010 11:25 AM
Posted to Ind. App.Ct. Decisions