[Note that the date an opinion is posted by the Court may differ from the date the opinion was issued.]
Erick David Gameas-Castellanos v. Catherine Marie Gamas (2/20/04 IndSCt) [Family Law; Civil Procedure]
In a published order, the Court ruled:
Because this appeal involves an issue of child custody, the Court has elected to expedite the case by issuing this dispositive published order rather than an opinion. See Ind. Appellate Rule 21(A). In sum, we conclude that Louisiana exercised jurisdiction in substantial conformity with the UCCJA, and therefore under Indiana Code § 31-17-3-6, the Clark Circuit Court should not have also exercised jurisdiction over custody of the younger child. Further, even if Louisiana erred in determining which state was the home state for purposes of deciding custody of the younger child, because the issue was conclusively litigated in Louisiana with both sides fully participating, the decision of the Louisiana court system is entitled to full faith and credit in Indiana. See Lee v. DeShaney, 457 N.E.2d 604, 607-08 (Ind. Ct. App. 1983).Velvet Imre & Gregory Gambill v. Lake States Insurance Company (2/23/04 IndCtApp) [Insurance]For the forgoing reasons, the judgment of the Clark Circuit Court is reversed in part. The matter is remanded to the trial court with directions to vacate its judgment to the extent it exercises home state custody jurisdiction over the parties’ younger child, and to take any other actions necessary and consistent with this order.
James C. Mesarosh v. State of Indiana (1/12/04 IndCtApp) [Criminal Law & Procedure]
"The evidence clearly demonstrates that Mesarosh committed failure to return to lawful detention, a Class D felony. Thus, we reverse Mesarosh’s conviction for escape as a Class C felony and remand this case to the trial court with instructions to enter a judgment of conviction against Mesarosh for failure to return to lawful detention and impose sentence accordingly."
Posted by Marcia Oddi at February 23, 2004 02:59 PM