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Friday, July 30, 2010

Ind. Decisions - Court of Appeals issues 1 today (and 4 NFP)

For publication opinions today (1):

In Robert L. Gosha v. State of Indiana, a 6-page opinion, Judge Najam writes:

Robert L. Gosha appeals the trial court’s denial of his motion to correct error. Gosha presents a single issue for our review, namely, whether he was denied the right to due process when his participation in a Drug Court Program was terminated without the court first affording him notice of a hearing and the right to present evidence and cross-examine witnesses at that hearing. The State concedes that Gosha was denied his right to due process and requests that we remand for a new hearing. * * *

On July 2, Gosha was admitted to the Drug Court Program. After Gosha was allegedly found with cocaine residue and drug paraphernalia in his home, the Drug Court held a hearing, without notice and without any evidence presented, terminated Gosha’s participation in the Drug Court Program, and referred the case to the trial court of original conviction. Gosha requested an evidentiary hearing on the termination of his participation in the Program, which the trial court denied. And Gosha filed a motion to correct error, which the trial court also denied. This appeal ensued.

NFP civil opinions today (1):

Lisa (Hembree) Stevens v. James Hembree (NFP)

NFP criminal opinions today (3):

William Foster v. State of Indiana (NFP)

Christopher Hovis v. State of Indiana (NFP)

Geronimo Montalvo v. State of Indiana (NFP)

Posted by Marcia Oddi on July 30, 2010 10:57 AM
Posted to Ind. App.Ct. Decisions