Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”
Haynes v. State, No. 27A02-1003-CR-311, __ N.E.2d __ (Ind. Ct. App., Dec. 8, 2010)
Officer who witnessed what appeared to be a parking infraction, but could not investigate further to issue a citation before the vehicle drove off, properly stopped the vehicle to issue the complaint and summons.
Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)
An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.
Marion County Auditor v. Saw Mill Creek, LLC, No. 49A02-0912-CV-1192, __ N.E.2d __ (Ind. Ct. App., Dec. 3, 2010)
Statutory requirement that auditor send a first-class mail notice of tax due to property owner when initial certified mail notice is returned undelivered must be complied with to comport with due process.