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.
Stone v. State, No. 34A02-1710-CR-2514, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2018).
The State violated Indiana’s Double Jeopardy Clause when it brought two separate charges of dealing in synthetic drugs based solely upon the fact that the packets containing the spice bore different brand names.
B.T.E. v. State, No. 36S05-1711-JV-711, __ N.E.3d __ (Ind., Oct. 11, 2018).
The defendant’s planning, solicitations, bomb research, drawings depicting the target classroom, and death note together justify the trial court’s conclusion that his affirmative conduct amounts to a substantial step toward the commission of aggravated battery.