Testifying defendant may be impeached with his failure to explain his innocence to the police after he is charged but prior to his receiving Miranda warnings, under the Miranda-based Doyle v. Ohio decisions; Indiana’s law does not offer more protection than the federal Doyle cases.
Davidson v. State, No. 49A02-0904-CR-287, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2009)
Describes split in Court of Appeals cases as to whether suspended or other non-executed portions of a sentence count the same as incarceration portions of sentence in Appellate Rule 7(B) sentence appropriateness analysis.
Clay City Consol. Sch. Corp. v. Timberman, No. 11S04-0904-CV-134, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
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.