When ticket alleged speeding infraction of 54 mph in a 30 mph zone but trial evidence indicated limit might have been 45 mph rather than 30, defendant was improperly convicted of driving at 54 mph in a 45 mph zone.
Bigger v. State, No. 02A03-1308-CR-315, __ N.E.3d __ (Ind. Ct. App., Mar. 26, 2014).
While no statutes or case law appear to require formal pleading of the defense of abandonment, “[w]e deem necessary the assertion of the defense in some manner.”
Smith v. State, No. 18S02-1304-CR-297, __ N.E.3d __ (Ind., Mar. 27, 2014).
Affirms high school principal’s conviction for failure to report an instance of suspected child abuse.
Lesley v. Lesley, No. 79A02-1305-DR-472, __ N.E.3d __ (Ind. Ct. App., March 25, 2014)
Trial court does not have the statutory authority to reevaluate its decision on granting wife post-dissolution maintenance when it has already issued the final dissolution decree.
In re I.P., No. 49S02-1402-JT-81, __ N.E.3d __ (Ind., March 26, 2014)
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.