Marchand v. State, No. 3-1081A274

Docket NºNo. 3-1081A274
Citation435 N.E.2d 284
Case DateMay 24, 1982
CourtCourt of Appeals of Indiana

Page 284

435 N.E.2d 284
Raymond R. MARCHAND, Defendant-Appellant,
v.
STATE of Indiana, Plaintiff-Appellee.
No. 3-1081A274.
Court of Appeals of Indiana, Third District.
May 24, 1982.

Page 285

E. Nelson Chipman, Jr., Chipman, Humphrey & Chipman, Plymouth, for defendant-appellant.

Linley E. Pearson, Atty. Gen., Richard Albert Alford, Deputy Atty. Gen., Indianapolis, for plaintiff-appellee.

GARRARD, Judge.

Raymond and Christina Marchand were married in 1970 and finally established residency in Nebraska. Four children were born of their marriage. On September 22, 1977 Christina and Raymond were granted a divorce by a Nebraska court. In the decree, Christina was granted custody of the children. On October 22, 1977 Christina and the children, with the permission of the Nebraska court, moved to Argos, Indiana. Subsequently, Raymond moved to Indiana to enable him to visit with his children.

In September of 1978 Raymond went to Argos to visit the children but found that the family had moved. He searched for the children through various school systems. In January of 1979 Raymond returned to Nebraska and petitioned the court which had granted their divorce for modification of the original divorce decree seeking a change of custody. A hearing was held, at which Christina was represented by counsel, and the petition was granted naming Raymond as the custodial parent.

Raymond was notified by the Argos school system that his children's records had been sent to Kentland, Indiana. He went to Kentland and found his four children, another child, two adults, and a dog living in a single motel room. Raymond went to the local law enforcement authorities. Temporary custody was awarded to Raymond. The Newton County Welfare Department and the Marshall County Welfare Department became involved and the children were made wards of the Newton County Circuit Court.

On October 24, 1979 the wardship was terminated and custody of the children was awarded to Christina. Raymond was present at the hearing but did not mention his Nebraska custody order. The Newton County custody determination was made after home studies of both parents had been conducted. Christina and the children once again established their residency in Argos and Raymond regularly exercised his right to visitation.

On January 6, 1980 Raymond picked up the four children for his regular visitation. The next day a friend of Raymond's returned three of the children to Christina. Raymond had taken the other child and returned to Nebraska. Raymond retained custody of the child in Nebraska until October 26, 1980, when the child was returned to Christina.

Page 286

Raymond was convicted by a jury of criminal confinement, a Class D felony, and received a two year sentence, all of which was suspended except 180 days. Additionally, he was placed on probation for two years from the date of his release and fined $100 plus costs. As a condition of the probation, he is not to remove the children from the State of Indiana.

At trial, the state made a motion in limine, which was granted, requesting that counsel for Raymond refrain from mentioning any custody orders made by any courts prior to the custody order of the Newton Circuit Court dated October 22, 1979 for the reason that any prior order is irrelevant, immaterial and is res judicata. During trial, counsel for Raymond made an offer to prove and requested that the trial court allow the evidence of the Nebraska custody order to be presented to the jury. The trial court denied Raymond's request.

On appeal Raymond alleges that the trial court erred in refusing to allow him...

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12 practice notes
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...trial court to determine its admissibility. Henderson v. State, (1983) Ind., 455 N.E.2d 1117; Marchand Page 89 v. State, (1982) Ind.App., 435 N.E.2d 284, reh. denied. Evidence is relevant when it throws or tends to throw light on the guilt or innocence of an accused even though its tendency......
  • Wallace v. State, No. 583S190
    • United States
    • Indiana Supreme Court of Indiana
    • December 6, 1985
    ...of the trial court to determine its admissibility. Chittenden v. State (1982), Ind., 436 N.E.2d 86; Marchand v. State (1982), Ind.App., 435 N.E.2d 284, reh. denied. Defendant fails to demonstrate the relevancy of his request of these questions to the determination of guilt or punishment for......
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1983
    ...defining a crime must be made by written motion to dismiss filed prior to the arraignment and plea. Marchand v. State, (1982) Ind.App., 435 N.E.2d 284; Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. Newton first raised the issue of constitutionality in his appellate brief. Thus, his fai......
  • Brown v. State, No. 49A05-0506-CR-321.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 7, 2006
    ...v. State, 727 N.E.2d 1, 5 (Ind.Ct. App.2000), trans. denied; Newton v. State, 456 N.E.2d 736, 739 (Ind.Ct.App.1983); Marchand v. State, 435 N.E.2d 284, 287 (Ind.Ct.App.1982); Salrin v. State, 419 N.E.2d 1351, 1354 (Ind.Ct.App.1981). In other cases, both this Court and our supreme court have......
  • Request a trial to view additional results
12 cases
  • Bieghler v. State, No. 1183S409
    • United States
    • Indiana Supreme Court of Indiana
    • July 31, 1985
    ...trial court to determine its admissibility. Henderson v. State, (1983) Ind., 455 N.E.2d 1117; Marchand Page 89 v. State, (1982) Ind.App., 435 N.E.2d 284, reh. denied. Evidence is relevant when it throws or tends to throw light on the guilt or innocence of an accused even though its tendency......
  • Wallace v. State, No. 583S190
    • United States
    • Indiana Supreme Court of Indiana
    • December 6, 1985
    ...of the trial court to determine its admissibility. Chittenden v. State (1982), Ind., 436 N.E.2d 86; Marchand v. State (1982), Ind.App., 435 N.E.2d 284, reh. denied. Defendant fails to demonstrate the relevancy of his request of these questions to the determination of guilt or punishment for......
  • Newton v. State, No. 2-283A65
    • United States
    • Indiana Court of Appeals of Indiana
    • November 29, 1983
    ...defining a crime must be made by written motion to dismiss filed prior to the arraignment and plea. Marchand v. State, (1982) Ind.App., 435 N.E.2d 284; Salrin v. State, (1981) Ind.App., 419 N.E.2d 1351. Newton first raised the issue of constitutionality in his appellate brief. Thus, his fai......
  • Brown v. State, No. 49A05-0506-CR-321.
    • United States
    • Indiana Court of Appeals of Indiana
    • June 7, 2006
    ...v. State, 727 N.E.2d 1, 5 (Ind.Ct. App.2000), trans. denied; Newton v. State, 456 N.E.2d 736, 739 (Ind.Ct.App.1983); Marchand v. State, 435 N.E.2d 284, 287 (Ind.Ct.App.1982); Salrin v. State, 419 N.E.2d 1351, 1354 (Ind.Ct.App.1981). In other cases, both this Court and our supreme court have......
  • Request a trial to view additional results

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