Deliquency waiver of counsel was invalid when court made no inquiry about waiver, gave no advice about dangers of self-representation, and made no record of meaningful consultation about the waiver.
Tolliver v. State, No. 45A03-0906-CR-250, __ N.E.2d __ (Ind. Ct. App., Mar. 18, 2010)
Allowing police officer to testify as an expert on “body language” bearing on credibility was error, but testimony officer actually gave was admissible lay opinion evidence about physical behavior indicating reluctance to cooperate.
Siwinski v. Town of Ogden Dunes, No. 64A03-0909-CV-429, __ N.E.2d __ (Ind. Ct. App., Mar. 16, 2010)
Short-term rental of single family residence was not a “commercial” activity in violation of a zoning ordinance which limited “R” zones to “single-family dwelling” without expressly prohibiting short-term rentals.
A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)
When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.
Bass v. Salyer, No. 43A03-0904-CV-186, __ N.E.2d __ (Ind. Ct. App., Mar. 17, 2010)
Acquisition of riparian rights by prescription was not established by evidence which failed to show claimants had any property interest in the land abutting the riparian area.