Absent a defendant’s personal waiver on the record, it is fundamental error to deny a request for trial by jury even when defendant was advised of and failed to comply with Criminal Rule 22 requiring a written demand for a jury trial ten days before the scheduled trial date.
J.D.M. v. State, No. 21S01-1702-JV-84, __ N.E.3d __ (Ind., Feb. 15, 2017).
Juvenile court may not conduct sex offender registry hearing for defendant who was not on probation and who remained at a non-secure treatment facility.
Messersmith v. State, No. 48A05-1511-CR-1936, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2017).
Defendant’s due process rights were violated when the trial court allowed the State to withdraw the plea agreement over the Defendant’s’s objection because the victim had not been notified.
Megenity v. Dunn, No. 22S04-1609-CT-465, __ N.E.3d __ (Ind., Feb. 16, 2017).
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.