An adoption action was filed in another county after a paternity action had commenced; by statute, “[b]ecause the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of [the child].”
David v. Kleckner, No. 49S02-1405-MI-355, __ N.E.3d __ (Ind., May 28, 2014).
“[I]n determining whether a medical malpractice claim has been commenced within the medical malpractice statute of limitations, the discovery or trigger date is the point when a claimant either knows of the malpractice and resulting injury, or learns of facts that, in the exercise of reasonable diligence, should lead to the discovery of the malpractice and the resulting injury.”
Hurd v. State, No. 49A02-1309-CR-753, __ N.E.3d __ (Ind. Ct. App., May 21, 2014).
Probation condition to stay out of an extensive portion of central Indianapolis was not reasonably related to the probationer’s treatment and public safety.
Macy v. State, No. 52A02-1309-CR-808, __ N.E.3d __ (Ind. Ct. App., May 22, 2014).
Evidence was insufficient to prove defendant forcibly resisted a law enforcement officer.
Tuggle v. State, No. No. 49A05-1308-CR-413, __ N.E.3d __ (Ind. Ct. App., May 22, 2014).
Officer’s taking of gunshot wound victim’s clothes, which had been removed by hospital staff and placed in a bag, did not violate the victim’s Fourth Amendment rights.