Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.
Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.
Baker v. Tremco, Inc., No. 29S02-0902-CV-00065, ___ N.E.2d ___ (Ind., Dec. 3, 2009)
A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.
Lindsey v. State, No. 29A02-0902-CR-196, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2009)
Officer reasonably concluded that car approached by armed robbery suspect might have been suspect’s car and exigent circumstances justified officer’s opening vehicle door wider to check for accomplices inside.
Holden v. State, No. 57A03-0903-CR-111, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2009)
Juror who asked a witness a question during a recess should have been examined by the court and parties as provided in Jury Rule 24, but any error in not following the Rule was harmless in light of court’s remedy of having the witness recalled and posing the individual juror’s recess question to the witness in the presence of the entire jury during trial.