Under the Sixth Amendment Strickland standard for effective assistance of counsel, “constitutionally competent counsel would have advised [the defendant] that his conviction for drug distribution made him subject to automatic deportation.”
Clarion Health Partners, Inc. v. Wagler, No. 49A02-0907-CV-598, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Determination by two malpractice panelists that it could not be determined whether defendant’s action caused harm was without any evidentiary import for summary judgment purposes, and as nurse practitioner’s affidavit submitted by plaintiff could not be considered for summary judgment, third panelist’s conclusion defendant negligently caused injury shifted burden to plaintiff to show a genuine issue on causation.
Julie C. v. Andrew C., No. 49A05-0909-CV-523, __N.E.2D__ (Ind. Ct. App., Mar. 30, 2010)
Change in visitation to seven nights every two weeks was a de facto change of custody subject to the statutes on custody modification. When considering changing a decree for joint legal custody, the court must consider the joint legal custody factors in IC 31-17-2-15 in addition to the standard factors in IC 31-17-2-8.
Boone v. Boone, No. 45A03-0906-CV-243, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Divorce court could not order support retroactive to a date seventeen months prior to the filing of the dissolution action.
A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)
Findings of fact and conclusions of law are required for termination of parental rights decisions.