Defendant may not challenge a collateral consequence of an ex post facto statute barring him from school property through a post-conviction proceeding, but he may pursue his claim in a declaratory‐judgment action.
Flowers v. State, No. 10A01-1703-CR-586, __ N.E.3d __ (Ind. Ct. App., April 18, 2018).
A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.
In re J.R. & M.R., No. 80A02-1704-JC-806,__ N.E.3d __ (Ind. Ct. App., April 17, 2018).
CHINS factfinding hearing must be completed within 60 days or the petition must be dismissed; if the petition is refiled, DCS must submit new evidence regarding conditions at the current time.
In re Adoption and Paternity of K.A.W., No. 31A01-1712-AD-2797 ,__ N.E.3d __ (Ind. Ct. App., April 20, 2018).
Although Putative Father registered as a putative father and filed a petition to establish paternity, Putative Father’s consent to adoption was irrevocably implied because he failed to register as a putative father in a timely fashion.
Poortenga v. State, No. 45A03-1709-CR-2148, __ N.E.3d __ (Ind. Ct. App., April 10, 2018).
Evidence of an individual’s alcohol concentrate equivalent is relevant to the question of whether an individual was intoxicated, regardless of whether the individual’s alcohol concentrate equivalent was more or less than 0.08.