A trial court lacks authority to sua sponte dismiss a properly filed firearm enhancement.
Atkins v. State, No. 19A-CR-951, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
Implied adverse consequences and orders to sit down uttered by law enforcement to a suspect, coupled with other factors, may constitute “custody” for purposes of triggering Pirtle and/or Miranda advisements.
Robertson v. State, No. 19S-PL-432, __ N.E.3d __ (Ind., March 30, 2020).
For the claims to recover public funds pursuant to Ind. Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Indiana Attorney General receives a final, verified report from the State Board of Accounts. Claims pursuant to the Crime Victims Relief Act are governed by the discovery rule.
Perkins v. Memorial Hospital of South Bend, No. 20S-CT-233, __ N.E.3d __ (Ind., March 31, 2020).
Testimony compelled by a subpoena or other statutory duty is protected under the public policy exception to at-will employment.
In re J.C., No. 20S-JT-235, __ N.E.3d __ (Ind., April 1, 2020).
Where the parent affirmatively waived the requirement, a parent is not entitled to dismissal of a TPR petition due to the juvenile court’s failure to complete a hearing within the statutorily required 180 days.