Affirms trial court holding that state’s failure to disclose favorable plea bargain given to accomplice who testified against defendant violated the Brady v. Maryland obligation to disclose favorable evidence.
McWhorter v. State, No. 33A01-1202-PC-72, __ N.E.2d __ (Ind. Ct. App., July 12, 2012).
Instructions “prescribed sequential error.”
Stutz v. State, No. 49A02-1110-CR-960, __ N.E.2d __ (Ind. Ct. App., July 5, 2012).
“[C]lass A misdemeanor operating a vehicle with a BAC of at least .15 percent is not a lesser included offense of class C misdemeanor operating while intoxicated.”
T.B. v. Ind. Dept. of Child Svcs., No. 79A04-1110-JT-594, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2012).
The Court declined to adopt a policy that prohibits the involuntary termination of parental rights for all mentally retarded parents.
Hirsch v. Oliver, No. 29S02-1109-DR-530, ___N.E.2d ___ (Ind., June 29, 2012).
Under Ind. Code § 31-16-6-6(a)(3), if a trial court determines there is no longer an obligation of the parent to support the child, emancipation has necessarily occurred.