ILNews

COA affirms remand to prior judge over father’s objection

Back to TopCommentsE-mailPrintBookmark and Share

A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.

In In re the Paternity of V.A., (Minor Child), R.A. v. B.Y., 39A04-1310-JP-512, father R.A. requested a change of judge under Trial Rule 76(B), which was granted. He appealed a prior trial court ruling to the Court of Appeals, which affirmed in part, reversed in part, and remanded for further proceedings.

Jefferson Circuit Special Judge James B. Morris took the case after Judge Ted Todd granted father’s change-of-judge motion. When Morris received the matter on remand, he ruled that Trial Rule 63(A) requires a judge who hears evidence to make all rulings relating to that evidence.

“On appeal, Father contends that Trial Rules 76(B) and 63(A) conflict, and his right to a change of judge under Trial Rule 76(B) trumps Trial Rule 63(A)’s preference for the judge who heard the evidence,” Chief Judge Nancy Vaidik wrote for the panel. “We conclude that the rules do not conflict; rather, they govern different aspects of Father’s case —  Father’s change-of-judge request under Trial Rule 76(B) applies prospectively to his modification petition, and Trial Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence, Judge Todd. We affirm.”

A separate appellate panel heard another appeal from the same case, affirming Morris’ denial of father’s motion to correct error and an order reinstating his visitation time with a child he had in 2003. He and the child’s mother never married, and their relationship ended in 2011.

In In Re: The Paternity of V.A., a Minor Child, R.A. Father v. B.Y., Mother, 39A01-1307-JP-304, as prior appeals were pending, father filed a motion to modify support and custody the same day that Morris assumed jurisdiction. Morris denied the motion on the basis that he lacked jurisdiction to rule.

“(W)e cannot hold the court abused its discretion when it denied Father’s motion to correct error,” Judge Melissa May wrote for the panel in this appeal. “We accordingly affirm the denial of Father’s Motion to Correct Error regarding the dismissal of his petition to modify custody and support.”
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  2. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

  3. Lots of potential "good boys" right in the heart of our nation .... "Nashville, TN has gained a reputation as a new “Ellis Island,” a magnet for immigrants from around the world. The number of foreign-born residents in the area has grown from 2 percent to almost 12 percent." Some 30 percent of students in Metro schools live in homes in which English is not the primary language. In 2012 Nashville had the fastest-growing immigrant population of any American city. It is the home of the nation’s largest Kurdish population, as well as sizable numbers from other countries such as Somalia, Sudan, Egypt, Eretria and Bhutan. Nashville has traditionally had a sizable and prominent African-American community, which accounts for nearly 16 percent of its population." http://www.tennessean.com/story/opinion/contributors/2015/05/17/nashville-welcoming-immigrants/27479183/ SMILE & CELEBRATE DIVERSITY!

  4. This story linked below about FBI shooting an unarmed Chechen suspect in his apartment six times in the chest and once in the back of the head, is unrelated. IT has NOTHING to do with Tsaernayev. And the agent was cleared of wrongdoing, even though the story says nothing of the other agents there with him at the time. Maybe the unarmed suspect was making a move for a butter knife on the table before they began punching him full of holes. Sad but of course, wholly unrelated....nothing to see here, keep moving http://www.npr.org/sections/thetwo-way/2014/03/21/292441681/reports-fbi-agent-who-killed-chechen-during-boston-bombing-probe-is-cleared

  5. Oh, bsides these troubled youts, maybe a few ex-contractors they had to relocate after Russia crushed the Western instigated insurgency, that's all. Nice boys. But when they go wrong, they need to be silenced. http://www.reuters.com/article/2009/09/24/us-russia-chechnya-cia-idUSTRE58N5S120090924

ADVERTISEMENT