Defendant is entitled to raise a “Romeo and Juliet” defense under Ind. Code § 35-42-4-9(e) if he has not committed a prior sex offense against a person other than the victim.
Curtis v. State, No. 49A02-1512-CR-2293, __N.E.3d__ (Ind. Ct. App., Aug. 22, 2016).
If a person has a fair and reasonable foundation for believing that he or she has a right to be present on the property, there is no criminal trespass. If a person is not given a reasonable period of time to comply with a request to leave the premises, then there is no criminal trespass.
In re R.S., No. 49S04-1606-JT-350, __ N.E.3d __ (Ind., Aug. 16, 2016).
Given the loving bond parent and child share, parent’s successful completion of multiple self-improvement and parenting courses, parent’s successful completion of probation, parent’s repeatedly expressed desire to parent child, and his exercise of regular visitation with child, the trial court’s findings do not clearly and convincingly support its conclusion that termination of parental rights is in the best interests of the child.
In re A.H., No. 49A04-1601-JC-42, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
A CHINS adjudication is inappropriate when a parent is willing to provide care to the child without the coercive intervention of the court.
J.B. Hunt Transport, Inc. v. Guardianship of Zak, No. 45A03-1506-CT-670, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2016).
Evidence of post-accident investigations is not automatically excluded as a subsequent remedial measure.