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.
Lucas v. McDonald, No. 63A04-1010-PL-644, __ N.E.2d __ (Ind. Ct. App., Sept. 15, 2011).
Sex offender registration relief statute confers discretion on court to deny relief even though the court finds the petitioner has made the showings required by the remedy statute to qualify for relief or, in the absence of findings, even though the evidence in the record would support a decision the petitioner made the required showings.