DCS is entitled to statutory immunity as to all of the parties’ claims except for fraud. Under the facts of this case, extended family members had a liberty interest in their relationship with child such that they had standing to bring suit.
Garcia v. State, No. 20A04-1202-CR-257, __ N.E.2d __ (Ind. Ct. App., Oct. 9, 2012).
For purposes of C felony criminal recklessness by shooting a firearm into a “place where people are likely to gather,” a motor vehicle can be such a “place.”
Godby v. State, No. 33A01-1203-CR-128, — N.E.2d __ (Ind. Ct. App., Oct. 10, 2012).
Because costs are not part of a criminal sentence, asserted errors in the costs imposed may not be raised in a motion to correct erroneous sentence.
Lyons v. State, No. 76A03-1112-CR-582, __ N.E.2d __ (Ind. Ct. App., Oct. 11, 2012).
Clinical psychologist’s testimony about general characteristics common to child abuse victims was properly admitted as Evidence Rule 702(a) expert “specialized knowledge” which was based on observations of victims and accordingly was not “scientific.”
In re the Matter of G.W., No. 07A01-1201-JM-6, ___ N.E.2d ___ (Ind. Ct. App., Oct. 10, 2012).
A trial court may order a parent to make a child available for an interview requested by DCS to assess that child’s “condition” pursuant to Ind. Code § 31-33-8-7, where the child’s older sibling has made and then recanted allegations of sexual abuse against a family member who lives in the children’s home.