Record is not “silent” for purposes of Boykin rights waiver advisement because guilty plea hearing recording was destroyed; here, P-C.R. petitioner presented no evidence he was not advised of Boykin rights, so “presumption of regularity” that advice was given applied.
Hobbs v. State, No. 19A01-0904-CR-187, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2009)
Warrantless search of defendant’s car, conducted in the evening after defendant’s arrest on an outstanding warrant and after an alert by a drug-sniff dog, did not violate Indiana Constitution’s Article I section 11.
D.B. v. M.B.V., No. 32A01-0903-CV-110, ___ N.E.2d ___ (Ind. Ct. App. Oct. 2, 2009)
To terminate parenting time, trial court must articulate a finding that parenting time would endanger the child’s physical health or significantly impair the child’s emotional development.
Williams v. Tharp, No. 29S02-0901-CV-40, ___ N.E.2d ___ (Ind. Oct. 13, 2009)
In a defamation action, plaintiff can overcome defendant’s claim of qualified privilege by showing that defendant made the statement without belief or grounds for belief in its truth; the proper standard for determining grounds for belief in truth is not reckless disregard; the absence of any discernable basis for the truth of the matter can, however, serve as circumstantial evidence of a reporting citizen’s actual knowledge of falsity.
Hillebrand v. Supervised Estate of Charlotte Fern Large, No. 70A01-0902-CV-72, ___ N.E.2d ___ (Ind. Ct. App. Oct. 13, 2009)
The damages awarded in a wrongful death action may include the reasonable attorney fees necessary to pursue the action, and these damages inure to the exclusive benefit of the estate for the payment of such costs.