The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent.
Carmer v. Carmer, No. 49A05-1411-DR-539, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2015).
The trial court erred when it failed to consider structured settlement payments in its calculation of gross income for the purposes of child support.
Criswell v. State, No. 02A03-1501-CR-22, ___ N.E.3d ___ (Ind. Ct. App., Oct. 13, 2015).
Police officer’s statement in internal-affairs investigation was inadmissible because it was given under “Garrity notice” that it “cannot be used against you in any subsequent criminal proceedings” except perjury or obstruction of justice. Statement, and its evidentiary fruits, should therefore be suppressed.
Allen v. State, No. 49A05-1410-CR-501, ___ N.E.3d ___ (Ind., Oct. 14, 2015).
Even though defendant had notified the trial court of his incarceration on other charges at a pre-trial conference, he was not entitled to discharge under Criminal Rule 4(C). All but 363 days of delay resulted from defendant’s failure to appear for trial when defense counsel failed to obtain a transport order to secure defendant’s attendance at trial as instructed, and was chargeable to defendant. Nor did the delay violate defendant’s constitutional speedy-trial rights.
Herron v. State, No. 49A04-1504-CR-149, ___ N.E.3d ___(Ind. Ct. App., Oct. 14, 2015).
Warrant for drawing intoxicated driver’s blood was invalid for lack of probable cause, where officer’s probable-cause affidavit marked an “X” next to certain boilerplate language, but wrote nothing in the corresponding blanks to provide specific facts to make an individualized showing as to defendant.