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Justices take grandparent visitation, divorce cases

June 3, 2013

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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