Misdemeanor expungement statutes as in effect prior to Mar. 26, 2014 did not allow trial court to deny expungement based on victim’s statement.
Bailey v. Bailey, No. 25A04-1309-DR-452., __ N.E.3d __ (Ind. Ct. App., April 22, 2014).
The trial court erred in modifying custody when neither party requested a modification of custody.
In re B.C.H., No. 41A04-1308-AD-388, __ N.E.3d __ (Ind. Ct. App., April 22, 2014).
Grandparents were not “lawful custodians” or “de facto custodians” as statutorily required for notice and consent for their grandchild’s adoption.
Co-Alliance, LLP v. Monticello Farm Service, Inc., No. 91A05-1312-PL-607, __ N.E.3d __ (Ind. Ct. App., April 23, 2014).
Adopts the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
Bleeke v. Lemmon, No. 02S05-1305-PL-364, ___ N.E.2d ___ (Ind., Apr. 16, 2014).
When parolee’s conviction had been for a sex crime against an adult female, parole conditions that he refrain from contact with his wife and his children were impermissible as they had no reasonable relation to his rehabilitation. Also, affirms Court of Appeals holding that statutes categorizing parolee as an “offender against children” because his conviction made him a “sexually violent predator” were overbroad as applied and that the “offender against children” status could not be imposed without some prior due process. Concludes that DOC’s SOMM (Sex Offender Management and Monitoring Program) requirements do not violate a participant’s privilege against self-incrimination.