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COA affirms remand to prior judge over father’s objection

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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.”
 

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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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