When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant's conduct affects the dignity or operation of the court.
Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).
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In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).
A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.
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Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.
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In re D.H, No. 18A-JT-1861, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2019).
The trial court’s termination of parental rights order must be reversed due to the State’s failure to give Mother the due process imparted to her by Ind. Code 31-35-2-4.5(d) (the right to have DCS move to dismiss a termination petition when it has not provided her with services that were substantial and material in relation to the reunification plan).
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State v. Vance, No. 18A-CR-1746, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2019).
A search warrant was issued without probable cause when police did not maintain strict control in a buyer-dealer-source transaction and police surveillance was interrupted.
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Martin v. Ramos, No. 18A-SC-1648, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Expert medical testimony is still necessary in small claims proceedings, unless a layperson can readily understand the causation.
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Wilkes v. Celadon Croup, Inc., No. 18A-CT-2011, __ N.E.3d __ (Ind. Ct. App., April 12, 2019)
Summary judgment was reversed because a trucking company did not demonstrate that it owed no duty to properly securing items to be transported by a trucker.
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Artigas v. State, No. 18A-CR-2877, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
To convict a person of operating a vehicle with an alcohol concentration equivalent to at least .08 but less than .15 g/100mL of blood, only the scientific measurement in the lab report is relevant and not evidence of visible intoxication. A blood test that presented only a range from .07 to .084 g/100mL is insufficient to support a conviction.
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Lacey v. State, No. 18A-CR-2623, __ N.E.3d __ (Ind. Ct. App., May 23, 2019).
The imposition of a thirteen-year habitual offender enhancement was improper because the two prior out-of-state Level 3 felony convictions had to be treated as Level 6 felony convictions under the Indiana statute in force at the time (February 16, 2017). The legislature amended the definition of a "Level 6 felony" for purposes of the habitual offender enhancement effective March 8, 2018.
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Tunis v. State, No. 19A-CR-220, __ N.E.3d __ (Ind. Ct. App., July 16, 2019).
Trial court was correct finding defendant in direct contempt and sentencing him to 180 days in jail after refusing to testify as a witness despite a grant of immunity.
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Peele v. State, No. 19A-CR-313, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.
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McGuire v. State, No. 18A-CR-2554, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).
Defendant's online Facebook postings were not constitutionally protected since they were proscribable speech as a threat to peace, safety, and well-being.
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Zelman v. Capital One Bank (USA), N.A., No. 19A-CC-989, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).
Affidavit of Debt did not lay a proper foundation to authenticate the Customer Agreement or credit card statements as business records admissible under Evidence Rule 803(6)’s hearsay exception; bank failed to designate admissible evidence establishing that defendant had opened a credit card account with the bank and that defendant owed the bank the amount alleged in the compliant.
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Innovative Therapy Solutions Inc., v. Greenhill Manor Management, LLC, No. 19A-CC-1717, __ N.E.3d __ (Ind. Ct. App., Nov. 25, 2019).
Default judgment was not void for lack of personal jurisdiction because the complaint was missing the affidavit of debt; trial court properly issued a notice to the parties allowing plaintiff to submit an affidavit of debt without amending the complaint.
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Johnson v. State, No. 19A-CR-975, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2019).
Gaming Enforcement Agent unlawfully exceeded the scope of a pat down search by reaching into defendant's pocket and removing a ball of powdered substance.
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F.H. v. State, No. 19A-JV-1716, __ N.E.3d __ (Ind. Ct. App., Jan. 22, 2020).
A juvenile is not subject to a determinate term in the DOC absent a specific determination by the juvenile court that statutory criteria have been satisfied.
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Loehrlein v. State, No. 19A-CR-737, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
A juror’s deceptive and false answers on a juror questionnaire which prevents the defense from investigating whether said juror is impartial entitles a defendant to a new trial.
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Allen v. State, No. 19A-XP-1013, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).
Expungement prohibition for those convicted of a felony that resulted in serious bodily injury to another person only applies if serious bodily injury is an element of the offense.
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Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).
Bank can elicit foundational testimony for a business record from a witness even if the witness was not present at the time a document was created, if the witness has a functional understanding of the record keeping process of the business with respect to the specific entry, transaction, or declaration contained in the document
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Berg v. Berg, No. 19A-DC-3038, __ N.E.3d __ (Ind. Ct. App., July 15, 2020).
Trial court improperly granted a T.R. 60(B) motion alleging that an account was omitted from a balance sheet used at mediation because it relied on inadmissible evidence from mediation.
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