Although Legal Father had been established by paternity affidavit and Ind. Code §16-37-2-2.1 was inapplicable, Legal Father was not entitled to judgment as a matter of law on Mother’s petition to establish paternity when Mother and Biological Father could possibly disestablish paternity under Ind. Code § 31-14-5-3.
Boots v. D. Young Chevrolet, LLC, No. 29A04-1708-PL-1948, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2018).
Under the Buyback Vehicle Disclosure Law (Ind. Code §24-5-13.5-10) after a buyback vehicle has been corrected by the manufacturer, it may not be resold unless the dealer provides the extended warranty and discloses the vehicle’s condition to the buyer with the written statement.
Fort Wayne Community Schools v. Haney, No. 02A03-1708-CT-1829, __ N.E.3d __ (Ind. Ct. App., Feb. 5, 2018).
Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.
Wright v. State, No. 05A02-1610-CR-2397, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2018).
Defendant’s felony child molesting conviction reversed because his incriminating statements to arresting officers flowed from an unconstitutional search and seizure of his computers and were the fruit of the poisonous tree.
Burden v. State, No. 66A03-1706-CR-1298, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Conviction reversed for felony neglect of a dependent because there was no evidence of subjective awareness of a high probability that by leaving the scene defendant had placed child in a situation that endangered her life or health.