In contrast to the Fourth Amendment, the Indiana Constitution requires reasonable suspicion before police may conduct a drug dog sniff of a residence.
Civil
In re Custody of J.V., No. 27A02-0903-JV-232, ___ N.E.2d ___ (Ind. Ct. App., July 7, 2009)
Although evidence supports trial court’s determination that grandmother was de facto custodian, trial court was also required to make findings regarding its determination to award custody to grandmother.
Nicevski v. Nicevski, No. 02A04-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App., July 8, 2009)
In a dissolution case, trial court erred by including in the marital estate the value of a residence titled in husbandâ’s parents’ name, because his parents were not joined as necessary nonparties pursuant to Indiana Trial Rule 7(B).
In re Adoption of Unborn Child B.W., No. 03S04-0810-CV-560, ___ N.E.2d ___ (Ind., June 26, 2009)
Biological father’s consent to the adoption of his child was not irrevocably implied when he failed to file a motion to contest in the adoption court but did take concurrent steps to establish paternity and preserve and assert his parental rights in another court.
In re N.S. and J.M., No. 32A05-0902-JV-78, ___ N.E.2d ___ (Ind. Ct. App., June 30, 2009)
Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.