A sports participant breaches no duty as a matter of law by engaging in “ordinary conduct” for the sport generally.
In re Termination of Bi.B., No. 54S01-1612-JT-630, __ N.E.3d __ (Ind., Feb. 17, 2017).
That Department of Child Services failed to allege that one of the three waiting periods giving parents time to reunify with their children had in fact passed is fatal to their petitions to terminate Father’s parental rights.
In Re D.J., No. 22A01-1605-CT-1080, __ N.E.3d __ (Ind., Feb. 7, 2017).
A premature notice of appeal is not fatal to appellate jurisdiction.
City of Lawrence Utilities Svc. Bd. v. Curry, No. 49S02-1609-CT-48, __ N.E.3d __ (Ind., Feb. 8, 2017).
Newly-elected mayor wrongfully terminated the city’s utility superintendent; under Ind. Code § 8-1.5-3-5, the superintendent could only be terminated for cause by the utility service board after notice and hearing.
Owens v. State, No. 49A02-1605-CR-1142, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2017).
After a guilty verdict or finding, a trial court judge must allow defense counsel to make a meaningful sentencing argument, must advise defendant of the right to speak on his own behalf, and must afford defendant an opportunity to make a statement.