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Tuesday, February 02, 2010

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

For publication opinions today (1):

S.W., alleged to be CHINS v. IDCS - "For these reasons, we conclude that DCS presented sufficient evidence to prove by a preponderance of the evidence that S.W.’s physical or mental condition was seriously endangered by her parent’s refusal or neglect to provide necessary supervision.

"Based on the foregoing, we conclude that the trial court did not abuse its discretion when it admitted evidence of S.W.’s drug use at the fact finding hearing and the DCS presented sufficient evidence to prove that S.W. is a CHINS."

NFP civil opinions today (1):

Dale L. Horn v. Lucinda B. Horn (NFP) - "We hereby grant Dale’s petition for rehearing for the sole purpose of clarifying our original memorandum decision issued on November 24, 2009.

"In his petition for rehearing, Dale alludes to a citation on page 14 of our memorandum decision that includes a reference to an amount of “two thousand” instead of two hundred thousand which is allegedly owed by Dale in back taxes. * * *

"With the exception of this clarification, we affirm our memorandum decision in all other respects."

NFP criminal opinions today (4):

Joshua W. Weston v. State of Indiana (NFP)

Marquis A. Foard v. State of Indiana (NFP)

Edward A. Fair v. State of Indiana (NFP)

Todd Zurbuchen v. State of Indiana (NFP)

Posted by Marcia Oddi on February 2, 2010 01:19 PM
Posted to Ind. App.Ct. Decisions