“Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.”
Bradtmiller v. State, No. 18A-CR-884, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Although defendant properly waived his right to a jury trial on the underlying charges, he did not waive his right to a jury trial on the habitual-offender enhancement because he did not personally communicate to the judge a desire to waive that right.
DeCola v. State, No. 18A-MI-732, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Petitioners seeking expungement are not entitled to a jury trial. The Indiana Code does not allow for an individual to have a school suspension expunged from his records; expungement is a remedy limited to criminal arrests and convictions.
In re Termination of Parental Rights of B.J., No. 18A-JC-1266, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Trial court has discretion to determine whether a continuance is warranted if DCS fails to provide the statutorily required notice to a parent for a termination of parental rights hearing
In re the Civil Commitment of L.J., No. 18A-MH-152, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
A blanket CB order approving all recommendations and findings of a magistrate, commissioner and/or referee does not make a magistrate, commissioner and/or referees’ orders final.