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Case Clips

Published by the Indiana Office of Court Services

Dowell v. State, No. 32A01-0810-PC-508, __ N.E.2D __ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: Appeals, N. Vaidik

Applies “prison mailbox rule” to P-C.R. 1 proceedings.

State v. Cioch, No. 79S05-0902-CR-00092, __ N.E.2d __ (Ind., July 1, 2009)

July 2, 2009 Filed Under: Criminal Tagged With: R. Shepard, Supreme

Breath test results were admissible even though machine had not been adjusted to reflect daylight savings time.

In re Adoption of Unborn Child B.W., No. 03S04-0810-CV-560, ___ N.E.2d ___ (Ind., June 26, 2009)

July 2, 2009 Filed Under: Civil Tagged With: B. Dickson, R. Shepard, Supreme, T. Boehm

Biological father’s consent to the adoption of his child was not irrevocably implied when he failed to file a motion to contest in the adoption court but did take concurrent steps to establish paternity and preserve and assert his parental rights in another court.

In re N.S. and J.M., No. 32A05-0902-JV-78, ___ N.E.2d ___ (Ind. Ct. App., June 30, 2009)

July 2, 2009 Filed Under: Civil Tagged With: Appeals, C. Bradford

Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.

Webster v. State, No. 71A03-0902-CR-78, __ N.E.2D __ (Ind. Ct. App., June 22, 2009)

June 26, 2009 Filed Under: Criminal Tagged With: Appeals, J. Baker, M. Barnes

Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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