One parent’s admission is insufficient to prove a child is a CHINS when the child’s other parent contests that allegation; due process requires a fact-finding hearing before the court declares the child is a CHINS.
K.S. v. B.W., No. 22A05-1102-DR-79, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
Ind. Code 31-9-2-35.5, defining a de facto custodian, applies only to custody proceedings after a paternity determination, actions for child custody or modification of custody, and temporary placement of a child in need of services taken into custody; it does not apply in the case of visitation rights of a boyfriend over an ex-girlfriend’s child.
Conder v. State, No. 49A02-1012-PC-1404, __ N.E.2d __ (Ind. Ct. App., Sept. 9, 2011).
Depending on the manner in which they are used (here, to kick a person to death), feet and shoes can be a statutory “deadly weapon.”
Reese v. State, No. 38A05-1104-CR-171, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2011).
Trial court erred in concluding defendant was not indigent for purposes of appointment of counsel paid at public expense.
Vaughn v. State, No. 45A05-1102-CR-5, __ N.E.2d __ (Ind. Ct. App., Sept. 14, 2011).
Mistrial was required when bailiff, at court’s direction, restrained defendant and placed a hand over defendant’s mouth as jurors were leaving the courtroom after defendant, about to testify in his own behalf, launched into a criticism of defense counsel which continued despite court’s orders to stop.