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.
In re Paternity of M.S., No. 19A-JP-1595, __ N.E.3d __ (Ind. Ct. App., April 6, 2020).
The time period relevant to establishing a de facto custodianship excludes any period of time after a child custody proceeding has been commenced and while it is pending. After a child custody proceeding has been commenced and has concluded, however, the calculation of the time relevant to a de facto custodian determination is not tolled.
Dearman v. State, No. 19A-CR-2951, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).
Possession of hash oil is insufficient to sustain a conviction for possession of a controlled substance.
Pava v. State, No. 19A-CR-716, __ N.E.3d __ (Ind. Ct. App., Mar. 25, 2020).
The objective reasonableness standard provides sufficient notice of what conduct crosses the line from mere discipline of a child to battery.
Bell v. State, No. 19A-CR-2354, __ N.E.3d __ (Ind. Ct. App., Mar. 30, 2020).
While possession of a firearm, without more, cannot provide reasonable suspicion for an investigatory stop, evasive and aggressive behavior during a consensual encounter regarding an inquiry into possession of a firearm may provide reasonable suspicion to perform an investigatory stop and frisk.