Trial court properly dismissed for failure to state a claim a complaint by defendants that the rights of indigent criminal defendants are being ignored because the attorneys assigned as public defenders are burdened by unmanageable caseloads and not providing actual assistance of counsel as required by the United States Constitution and the Indiana Constitution.
Civil
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Dec. 12, 2017).
In re D.J. v. Ind. Dep’t of Child Servs. did not relax the procedural requirements for appellate jurisdiction. The prerequisites for appellate jurisdiction are entry of an appealable order by the trial court and the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary.
Powell v. Stuber, No. 71A03-1705-CT-967, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2017).
Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.
J.R. v. S.P., No. 31A04-1706-DC-1284, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2017).
Biological parent whose rights have been terminated cannot circumvent the law by filing a custody action under Ind. Code 31-17-2-3.
Miller v. Town Bd. Of Sellersburg, No. 10A01-1612-MI-2908, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2017).
Town clerk-treasurer could not mandate additional deputies; Ind. Code § 36-5-6-7 states that the town legislative body must approve the appointment of deputies.