The adoption of two children was voidable under T.R. 60(B)(7) when the natural mother’s termination of parental rights was reversed on appeal.
In Re A.H. & S.H., No. 10A01-1302-JM-93, __ N.E.2d __ (Ind. Ct. App., Aug. 21, 2013).
Department of Child Services interviewing a child as part of the initial assessment in response to a report of child abuse or neglect does not violate due process.
Toradze v. Toradze, No. 71A05-1212-DR-623, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
“Because the trial court had established a duty to support the children in a court order issued prior to July 1, 2012 and the children were younger than twenty-one years of age, Mother was entitled to file her petition for post-educational expenses based on I.C. § 31-16-6-6(a) & (c).”
Spalding v. State, No. 49A04-1210-CR-534, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Disagrees with prior Court of Appeals opinion and holds that, (1) when the subject of an Indiana criminal charge is being held in federal custody outside Indiana, (2) no detainer is filed against him on the Indiana charge, and (3) he is then brought into Indiana by federal authority, Criminal Rule 4 does not apply.
Oster v. State, No. 84A05-1208-CR-437, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Evidence of defendant’s possession of tools useful for theft but not used to break and enter, of the retail nature of the business premises broken into, and of the fact that the defendant had a residence he could use for shelter sufficed to prove his intent to commit theft in the premises he broke and entered.