“[U]nder the Home Rule Act, boards of county commissioners are authorized to amend a fire protection district, even if such amendment dissolves the district.”
In re D.B., No. 49A02-1501-JC-48, __ N.E.3d __ (Ind. Ct. App., Sept. 2, 2015).
Child’s absent, out-of-state father should be presumed to be a fit and capable parent unless the state proves otherwise.
Cleveland Range, LLC v. Lincoln Fort Wayne Assoc., LLC, No. 02A05-1503-PL-96, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2015).
T.R. 27 petition to depose witnesses before the initiation of litigation was within the trial court’s discretion, as there was evidence supporting expectations it might be a party to a suit, it seeks to preserve specifically identified facts probative to a key issue, and declining to permit the depositions could result in a failure or delay of justice based on the age of the witnesses.
Ryan v. State, No. 49A02-1501-CR-2, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
Under Ind. Code § 35-33-9-5(c) and App. R. 18, defendants cannot earn credit time while released on appeal bond, regardless of allegedly onerous nature of bond conditions; instead, reasonableness of conditions must be challenged immediately by motion to reconsider or appeal under App. R. 18.
Wharton v. State, No. 49A02-1502-CR-85, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26, 2015).
“Open plea” of guilty to multiple OWI charges did not waive defendant’s double-jeopardy challenge to those convictions.