Adopts a brightline rule that a fourteen-day break in Miranda custody ends the presumption of involuntariness established in Edwards v. Arizona for responses to police-initiated questioning after a subject has invoked the right to have Miranda counsel present during interrogation; a subject incarcerated for an unrelated crime is not in Miranda custody for purposes of this fourteen-day rule.
In re Adoption of L.D., No. 49A02-0907-CV-671, __ N.E.2d. __ (Ind. Ct. App., Feb. 25, 2010)
Since paternal grandparents adopting their grandchild were adoptive rather than biological grandparents, the maternal grandparent was not eligible for visitation under the Grandparent Visitation Act.
Hampton v. State, No. 49A04-0906-CR-331, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2010)
Statute providing that the first thirty years of an A felony child molesting sentence may not be suspended does not operate to change the minimum sentence for such an offense from twenty years to thirty.
Morris v. State, No. 02A03-0905-CR-210 , __ N.E.2d __ (Ind. Ct. App., Feb. 9, 2010)
Reviews instructing on conversion as a lesser included offense of theft.
Tharp v. State, No. 49A02-0905-CR-394, __ N.E.2D __ (Ind. Ct. App., Feb. 18, 2010)
Evidence the protected person or another layperson told the defendant there was a protective order against him does not suffice to prove the protective order knowledge element in the invasion of privacy offense.