A jury must consider the intentional acts of non-parties in addition to defendant’s alleged negligent acts, but the non-party and defendant are not jointly and severally liable.
Johnson v. State, No. 49A02-1301-CR-28, __ N.E.2d __ (Ind. Ct. App., Aug. 20, 2013).
Rejects arguments that traffic stop, based on officer’s belief vehicle was in violation of the Window Tint Statute, was illegal under the Indiana Constitution or violated an implicit prohibition in the Statute itself of “unbridled discretion” for police to pull over vehicles with window tint.
Walls v. State, No. 55A05-1211-CR-603, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2013).
Tenants had a sufficient possessory interest in their apartment doors and thresholds and the immediate adjacent areas to request, for criminal trespass purposes, that a person leave those areas and stop banging on their doors.
In Re Adoption of C.B.M. & C.R.M, No. 37S03-1303-AD-159, __ N.E.2d __ (Ind., Aug. 16, 2013).
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.