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.
Justice v. American Family Ins. Co., No. 49S02-1303-PL-221, __ N.E.3d __ (Ind., March 13, 2014).
In an insurance policy, the phrase “limits of liability of this coverage” refers to the policy limit and not to the insured’s total damages.
Hicks v. State, No. 82A01-1306-CR-256, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2014).
When “basic questions” asked by police in “pre-interview” did not result in a confession, there was no violation of Missouri v. Seibert’s rule that police cannot purposefully withhold Miranda warnings to get a confession and then secure a Miranda waiver, based on the first confession, before questioning to get a second confession.
In re E.M., No. 45S03-1308-JT-557, __ N.E.2d __ (Ind., March 7, 2014).
The trial court was within its discretion to terminate the father’s parental rights.