Mother was denied due process when her children were allowed to be adopted while the appeal of her termination of parental rights was pending.
Thomas v. State, No. 64A03-1204-PL-191, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2012).
Ten year statute of limitations applies to habitual traffic violator suspensions; three-year delay in imposition of habitual traffic offender suspension was not shown to be subject to “extreme unfairness” basis for applying laches to bar an administrative regulatory sanction.
Lebo v. State, No. 46A05-1202-CR-104, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2012).
The B misdemeanor offense of failure to report child abuse or neglect is a continuing offense, and hence is not subject to the misdemeanor statute of limitations.
White v. State, No. 90A04-1111-CR-621, __N.E.2d __ (Ind. Ct. App., Nov. 21,2012),
Statements of murder victim were properly admitted under Evidence Rule 804(b)(5), the “forfeiture by wrongdoing” hearsay exception.
Andrews v. State, No. 29A02-1112-MI-1166, __ N.E.2d __ (Ind. Ct. App., Nov. 21, 2012).
Federal sex offender registry statutes and their obligations for defendant did not affect the Indiana law conclusion that a state resident whose out-of-state sex offense conviction predated Indiana sex offender registry statutes could not, under the Indiana Constitution ex post facto Wallace holding, be required to register on the Indiana registry.