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Court erred in granting change of judge

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The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.

In the case In Re the Paternity of N.T.; B.T. v. D.K. and K.K., No. 09A02-1108-JP-693, mother D.K. and her husband, K.K., hid child N.T. from her biological father B.T. and the state for more than three years to evade a change of custody order. As a condition of mother’s bail, she and K.K. were to have no contact with N.T. Father B.T. filed a supplemental application for contempt citation against K.K. for his active participation in D.K.’s violation of the 2003 court order.

K.K. filed a motion for a change of venue from the judge, which the paternity court granted. The paternity court concluded that the service of application for contempt promoted K.K. to actively protect his rights and defend the action, thus joining him as a party in the paternity proceeding.

On interlocutory appeal, the COA reversed. The paternity court has the inherent power to subject nonparties to contempt proceedings for violation of its orders, wrote Judge Ezra Friedlander, and the service of application for contempt did not elevate K.K. to the status of a party. K.K. is still entitled to due process, which includes notice and the opportunity to be heard, in any contempt proceedings before the paternity court.

 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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