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Justices take grandparent visitation, divorce cases

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Cases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments that will be heard by the Indiana Supreme Court.

Justices unanimously granted transfer to a Madison Superior case, In Re the Guardianship of A.J.A., and L.M.A., J.C. v. J.B. and S.B., 48S02-1305-GU-398. In that case, a grandmother who sought visitation with grandchildren who are under the care of guardians persuaded the Court of Appeals to reverse a trial court order vacating visitation rights even though the grandmother lacked standing to pursue the original visitation order.

The court also unanimously granted transfer in Jason Wilson v. Kelly (Wilson) Myers, 71S03-1305-DR-399, a not-for-publication Court of Appeals decision from Shelby Superior Court. An appellate panel in that case affirmed a trial court order modifying primary physical custody because of the lack of formality during various proceedings.   

The court’s transfer list for the week ending May 31 may be viewed here.

The list also includes a Randolph Circuit case the justices decided on Friday, Brian Scott Hartman v. State of Indiana, 68S01-1305-CR-395. The court ruled in Hartman that statements made during interrogation of a criminal defendant who previously requested an attorney were not admissible.

Meanwhile, two cases failed to win transfer by the narrowest of margins.

Justices Steven David and Loretta Rush were in the minority voting to grant transfer in a scope-of-public-records case, Seth Anderson v. Huntington County Board of Commissioners, 35A04-1207-MI-357.  David and Rush also who would have taken the NFP case In Re the Matter of A.R., et al., Alleged Children In Need of Services: T.M. v. The Indiana Department of Child Services, 52A02-1205-JC-388.

 

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  1. 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.

  2. 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???

  3. 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?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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