Trial court erred in imposing a clear-and-convincing-evidence standard with respect to Mother’s motion to modify and terminate Father’s parenting time.
Hematology-Oncology of Indiana v. Fruits, No. 49A05-0910-CV-556, ___ N.E.2d ___ (Ind. Ct. App., Aug. 18, 2010)
Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
Bauer v. Shepard, No. 09-2963, ___ F.3d ___ (7th Cir., Aug. 20, 2010)
The challenge to the 2008 version of the Code of Judicial Conduct is unripe, not moot.
Curtis v. State, No. 49A02-0911-CR-1106, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Where it is undisputed that defendant will never recover from his mental illness and will never become competent to stand trial, it was a violation of due process to deny his motion to dismiss the criminal charges pending against him.
State v. Brunner, No. 57A04-1003-CR-121, ___ N.E.2d ___ (Ind. Ct. App., Aug. 6, 2010)
Indiana Code § 35-50-2-7(b) did not authorize the trial court to grant Defendant’s request – nine years after the trial court’s entry of judgment – to reduce his Class D felony conviction to a Class A misdemeanor.