When the appointed special judge was unavailable, under T.R. 79(I)(2)(a), only a judge pro tempore, temporary judge, or a senior judge appointed by the special judge could preside over proceedings.
Atkins v. Veolia Water Indianapolis, LLC, No. 49A02-1302-CT-181, __ N.E.2d __ (Ind. Ct. App., Oct. 1, 2013).
The trial court did not abuse its discretion by denying the party’s request to file a belated appeal. Although counsel did not have actual knowledge of the order, counsel did have notice, which is a prerequisite to relief under T.R. 72(E).
Barker v. State, No. 73A01-1212-CR-575, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2013).
“Whether home detention is imposed via a direct placement in a community corrections program or as a condition of probation, its accompanying statutory requirement that the detainee receive credit time militates toward counting it as part of the executed portion of his sentence.”
Clark v. State, No. 20S05-1301-CR-10, __ N.E.2d __ (Ind., Sept. 17, 2013).
Defendant’s conviction is reversed because the police search at a rental storage unit that led to his arrest violated his Fourth Amendment protections.
In re N.C.G., No. 02A04-1301-JP-21, __ N.E.2d __ (Ind. Ct. App., Sept. 19, 2013).
“[S]o long as a father pays child support, exercises parenting time, and actively participates in the child’s life, then the best interests of the child may be served by giving the child the father’s surname to reinforce the bond between father and his nonmarital child, particularly if father is the noncustodial parent.”