“[T]he three-step test for the discoverability of information outlined in State v. Cline (In re WTHR-TV)” applies here to non-privileged video taken by a private entity.
Cundiff v. State, No. 31A05-1008-CR-607, __ N.E.2D __ (Ind. Ct. App., June 23, 2011)
Defendant incarcerated on other charges but released on recognizance on the charges at issue was not eligible for the Criminal Rule 4(B) speedy trial remedy.
Turner v. Rogers, No. 10–10, __ U.S. __ (June 20, 2011)
In civil contempt proceedings to enforce child support, “where . . . the custodial parent (entitled to receive the support) is unrepresented by counsel, the State need not provide counsel to the noncustodial parent (required to provide the support),” subject to the “caveat . . . that the State must nonetheless have in place alternative procedures that assure a fundamentally fair determination of the critical incarceration-related question, whether the supporting parent is able to comply with the support order.”
J.M. v. M.A., No. 20S04-1012-CV-676, __ N.E.2d __ (Ind., June 23, 2011)
Because the statutes are “explicit that in order for a court to rescind a paternity affidavit, paternity testing must exclude the man as the biological father,” “[t]he parties’ words or agreement amongst the parties cannot supplant the statutory requirements.”
D.M. v. State, No. 49S02-1101-JV-11, __ N.E.2D __ (Ind., June 22, 2011)
Procedures for waiver of juvenile’s rights were adequately followed, but “JUVENILE WAIVER” form used by police is criticized.