Modification of D felony operating while habitual traffic violator to A misdemeanor changes also provides that defendant’s driving privileges are suspended, not forfeited.
Robinson v. State, No. 49A02-1101-CR-13, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
Probable cause affidavit with “multiple levels of hearsay” did not pass the “substantial trustworthiness” test required by a probation revocation subject’s confrontation right.
P.J. v. State, No. 49A05-1102-JV-121, __ N.E.2d __ (Ind. Ct. App., Oct. 5, 2011).
A juvenile who enters into a plea agreement to pay a specific amount of restitution waives his right to have the juvenile court inquire into his ability to pay, as he has acknowledges such ability in his plea agreement.
Tesfamariam v. Woldenhaimanot, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind. Ct. App., Oct. 4, 2011).
Regarding the use of an interpreter, to address due process concerns in a civil action the court must administer an oath to the interpreter and establish that the interpreter is qualified just as it would in a criminal action.
Putnam Co. Sheriff v. Price, No. 49A02-1009-DR-105, ___ N.E.2d ___ (Ind., Oct. 6, 2011).
County Sheriff Department “that neither owns, maintains, nor controls a county road” does not have a common law duty to warn the public of known hazardous conditions of that road.