Quantcast
Channel: Case Clips» M. Bailey
Viewing all 66 articles
Browse latest View live

Hunter v. State, No. 43A03-1711-CR-2633, __ N.E.3d __ (Ind. Ct. App., May 16, 2018).

0
0
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.

In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).

0
0
A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.

Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).

0
0
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.

In re D.H, No. 18A-JT-1861, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2019).

0
0
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).

State v. Vance, No. 18A-CR-1746, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2019).

0
0
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.

Martin v. Ramos, No. 18A-SC-1648, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).

0
0
Expert medical testimony is still necessary in small claims proceedings, unless a layperson can readily understand the causation.

Wilkes v. Celadon Croup, Inc., No. 18A-CT-2011, __ N.E.3d __ (Ind. Ct. App., April 12, 2019)

0
0
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.

Artigas v. State, No. 18A-CR-2877, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).

0
0
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.

Lacey v. State, No. 18A-CR-2623, __ N.E.3d __ (Ind. Ct. App., May 23, 2019).

0
0
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.

Tunis v. State, No. 19A-CR-220, __ N.E.3d __ (Ind. Ct. App., July 16, 2019).

0
0
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.

Peele v. State, No. 19A-CR-313, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).

0
0
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.

McGuire v. State, No. 18A-CR-2554, __ N.E.3d __ (Ind. Ct. App., Aug. 27, 2019).

0
0
Defendant's online Facebook postings were not constitutionally protected since they were proscribable speech as a threat to peace, safety, and well-being.

Zelman v. Capital One Bank (USA), N.A., No. 19A-CC-989, __ N.E.3d __ (Ind. Ct. App., Oct. 8, 2019).

0
0
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.

Innovative Therapy Solutions Inc., v. Greenhill Manor Management, LLC, No. 19A-CC-1717, __ N.E.3d __ (Ind. Ct. App., Nov. 25, 2019).

0
0
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.

Johnson v. State, No. 19A-CR-975, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2019).

0
0
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.

F.H. v. State, No. 19A-JV-1716, __ N.E.3d __ (Ind. Ct. App., Jan. 22, 2020).

0
0
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.

Loehrlein v. State, No. 19A-CR-737, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).

0
0
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.

Allen v. State, No. 19A-XP-1013, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).

0
0
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.

Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).

0
0
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

Berg v. Berg, No. 19A-DC-3038, __ N.E.3d __ (Ind. Ct. App., July 15, 2020).

0
0
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.
Viewing all 66 articles
Browse latest View live




Latest Images