“Indiana does not criminally penalize those who negligently neglect a dependent.”
Aguirre v. State, No. 49A05-1101-CR-36, __ N.E.2d __ (Ind. Ct. App., Aug. 25, 2011).
Evidence that traffic stop motorist reached her hand into her purse to answer her cellphone while officer was trying to handcuff her for safety reasons did not suffice to prove crime of resisting arrest.
Gilmore v. State, No. 40A01-1011-CR-553, __ N.E.2d __ (Ind. Ct. App., Aug. 24, 2011).
After defendant had initially been found indigent and a reassessment of indigence elicited no evidence of a change in financial status, the trial court’s statement that an evaluation of defendant’s behavior (which had been obstreperous) was also relevant to indigence prompted an appellate finding the trial judge abused his discretion in finding the defendant to no longer be indigent; trial court’s finding that the defendant had forfeited his right to appointed counsel by his conduct was reversed on the basis that, without a hearing warning defendant that his conduct could result in loss of appointed counsel, the defendant could not be said to have made a knowing and intelligent waiver of the right to counsel by his conduct.
C.S. v. State, No. 67A01-1101-JS-19, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2011).
Evidence that child skipped one day of school, missed part of five classes, was tardy twelve times and that his mother had cooperated with school and disciplined him did not suffice to raise the required status delinquency inference he was not receiving care, treatment, or rehabilitation.
Howard Regional Health System v. Gordon, No. 34S02-1009-CV-476, __ N.E.2d __ (Ind., Aug. 10, 2011).
Claim against hospital for loss of childbirth records was one for medical malpractice. Health records maintenance statutes do not confer a private right of action for loss of records. Parents have no independent action for spoliation against the hospital.