Parental rights should not be terminated when the magistrate who heard the case resigns before reporting recommended findings and conclusions because it violates the parent’s due process rights.
Delagrange v. State, No. 49S04-1304-CR-249, __ N.E.3d __ (Ind., Mar. 18, 2014).
Evidence supported inference defendant had intent required for attempted child exploitation offense.
Corbally v. State, No. 41A04-1304-CR-175, __ N.E.3d __ (Ind. Ct. App., Mar. 19, 2014).
Testimony by police investigator of victim’s statement to investigator was inadmissible hearsay, and while defendant withdrew his hearsay objection he did not waive the objection under the circumstances
Moss v. State, No. 49A02-1307-CR-618, __ N.E.3d __ (Ind. Ct. App., Mar. 20, 2014).
When defendant had his prior felony conviction reduced to a misdemeanor, after he was charged in this case with C felony handgun without a license based on the prior felony, his motion to dismiss the C felony should have been granted even though he had the prior felony conviction when the handgun offense was committed.
In re G.P., No. 49S02-1308-JT-558, __ N.E.3d __ (Ind., March 13, 2014).
A trial court does not have discretion to appoint an attorney to a parent under Ind. Code § 31-34-4-6; Ind. Code § 31-32-4-3 does give the court discretion to appoint an attorney for a parent who fails to meet the statutory requirements for being indigent but for whom appointed counsel might still be appropriate.