Preview:

ATTORNEY FOR APPELLANT Kimberly A. Jackson Indianapolis, Indiana

ATTORNEYS FOR APPELLEE Steve Carter Attorney General of Indiana Jodi Kathryn Stein Deputy Attorney General Indianapolis, Indiana

In the

Indiana Supreme Court
________________________________ No. 49S05-0406-CR-247

TIMOTHY JARRETT, Appellant (Defendant below), v. STATE OF INDIANA, Appellee (Plaintiff below). ________________________________ Appeal from the Marion Superior Court, 49G17-0109-DF-179690 The Honorable Danielle Gaughan, Commissioner __________________________________ On Petition to Transfer from the Indiana Court of Appeals, No. 49A05-0306-CR-283 __________________________________

June 22, 2005

Shepard, Chief Justice.

1

Following a bench trial, the court sentenced appellant Timothy Jarrett to three years executed time for battery, a class D felony, and entered a no-contact order as respects his former wife. While the trial court certainly had the power to enter such protection, it was necessary to invoke the procedures in the Indiana Civil Protection Order Act.

Timothy and Denise Jarrett were married in 1990 and divorced four years later. This appeal is the product of multiple charges that arose out of a physical confrontation between Jarrett and his former wife in the home they occupied with their daughter after Jarrett's release from prison in 2001. The court acquitted Jarrett on two counts and sentenced him on the battery. Ind. Code Ann.

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Indiana Law