Jury Rules’ “leeway” for assisting a deliberating jury does not permit giving a supplemental instruction on accomplice liability by means of a note to jurors, instead of rereading all instructions in open court.
F.D. v. Ind. Dept of Family Svcs., No. 82A01-1109-CT-432, ___ N.E.2d ___ (Ind. Ct. App., Aug. 30, 2012).
There is no private right of action for failure to report child abuse under Ind. Code § 31-33-18-4.
Bean v. State, No. 91A02-1109-CR-906, __ N.E.2d __ (Ind. Ct. App., Aug. 22, 2012).
Among factors leading to conclusion there was Miranda custody was the giving of Miranda rights, defendant’s invocation of those rights, and police failure to comply with them, notwithstanding continued police assurances during lengthy questioning that defendant was free to leave whenever he wished.
Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).
Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.
E.J. v. Okolocha, No. 45A03-1201-CT-15, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2012).
A doctor has no duty to release a baby’s medical records to the baby’s prospective adoptive parents without the proper authorization to release the medical records.