ILNews

Justices grant 2 transfers

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
The Indiana Supreme Court granted two transfers this week:

One case involves the probation revocation that followed a man's questionable communications with minor children he wasn't supposed to be around. The other involves a question of which "home state" child custody and visitation issues should be heard based on federal and state statutes.

In Theron W. Hunter v. State of Indiana, No. 69A01-0702-CR-061, the court will take up an issue addressed in an unpublished memorandum decision from the Court of Appeals in June. The action stems from Ripley County where Hunter pleaded guilty to child molesting in 2001 and served his time, was released, and put on probation. He bought a trailer on his father's property, living about 25 feet from another trailer where his sister and three children resided. He informed everyone about not being able to be around the kids, and his probation officer told Hunter he'd have to change the arrangement. Hunter said he was around the children at times but left when they came nearby and never actually communicated with them. A probation violation was filed and the trial court determined Hunter had violated his probation. It revoked probation and ordered him to serve the entire four-year suspended sentence.

On appeal, the Court of Appeals determined there was sufficient evidence to support the probation revocation because Hunter had admitted he came into contact with the minor children multiple times and didn't notify his probation officer within 24 hours. Hunter had argued he didn't have actual communications with them, while the state sought the revocation based on his prohibited contact.

Justices also granted transfer in a marriage case, Anthony N. Stewart v. Signe L. (Stewart) Vulliet, No. 12A02-0610-CV-896. This case from Clinton Superior Court involves child custody and visitation issues being handled by courts in both the states of Washington and Indiana and how the Uniform Child Custody Jurisdiction Act and Indiana Code 31-17-3 apply.

The mother and father married in August 1992 in Washington and lived there for 11 years before moving to Indiana where Stewart's family resided, though Vulliet's family continued living in Washington. She filed for dissolution in November 2003 in Indiana before moving back to Washington, where the couple's daughter was born in February 2004.

The Clinton Superior judge eventually granted the mother's motion to dismiss custody and visitation issues pursuant to the state and federal statutes, in that Indiana is an inconvenient forum because the child was born in Washington and has always been the home state. However, the court ordered that child support issues would remain in Indiana.

Indiana appellate judges wrote in a May 30 opinion that the mother waived any objection regarding the daughter's home state under the UCCJA because she didn't bring it up initially. But the appeals court also reversed the trial court's granting of her motion to dismiss custody and visitation issues.

"The Washington court clearly gave Mother a more favorable custody arrangement and visitation schedule than the Indiana court had ordered .... The timing and sequence of events in this case give the appearance that Mother was attempting to manipulate the UCCJA to gain a favorable result," the court wrote, citing past appellate caselaw from 1999. "We conclude that ... the trial court erred by granting Mother's motion to dismiss the custody and visitation issues based on inconvenient forum."
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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Video pen? Nice work, "JW"! Let this be a lesson and a caution to all disgruntled ex-spouses (or soon-to-be ex-spouses) . . . you may think that altercation is going to get you some satisfaction . . . it will not.

  2. 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."

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

  4. 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

  5. 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

ADVERTISEMENT