ILNews

Plea agreement, child support issues granted transfer

Jennifer Nelson
January 1, 2008
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The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.

In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court's calculation of Timothy's child support obligation. The appellate court found the trial court erroneously calculated Timothy's weekly gross income, and remanded the trial court to add $100 to his weekly gross income and recalculate the amount of income to be imputed to Marla; the COA also ordered Timothy's child support obligation to be recalculated.

Two of the transferred cases - Anthony A. Hopkins v. State, No. 49A05-0705-PC-279, and State v. Michael A. Cozart, No. 22A01-0704-PC-183 - deal with plea agreements. Hopkins appealed the post-conviction court's denial of one of his claims for post-conviction relief, contending the court erred in failing to advise him of his Boykin rights, which caused his guilty plea to be involuntary and unintelligent. The Court of Appeals ordered his guilty plea vacated because the trial court only advised him of his right to trial by jury; because Hopkins admitted to the habitual offender enhancement, the COA ruled he did plead guilty to being a habitual offender.

In Cozart, the Court of Appeals affirmed the post-conviction court's order granting Cozart's petition for post-conviction relief, ruling Cozart didn't plead guilty knowingly and voluntarily. The state argued the trial court was not required to advise Cozart regarding the effect his prior felony convictions would have on the court's authority to suspend a portion of the minimum sentence he faced after pleading guilty. Cozart claimed he didn't understand the trial court was without discretion to suspend any of the minimum sentence he faced because of his prior convictions.

The three other cases granted transfer involve sex offenders - In the Matter of J.C.C., No. 49A02-0403-JV-266; Richard P. Wallace v. State of Indiana, No. 49A02-0706-CR-498; and Todd L. Jensen v. State of Indiana. All three ask the high court to decide on matters regarding registering as a sex offender. (A story in today's Indiana Lawyer Daily includes more information about these cases.)
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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