Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.
Barkwill v. Cornelia H. Barkwill Revocable Trust, No. 64A04-0808-CV-455, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“[A]n automatic presumption that any adult child who assists an aging parent is presumed to be in a dominant role and exert undue influence over that parent’s decisions is ill-advised.”
R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)
[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.
Ind. Division of Child Services, LaPorte County v. LaPorte County CASA, NO. 46A04-0902-JV-78, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
Periodic CHINS placement review was transformed into a modification proceeding, so that court’s modification contrary to DCS recommendation was subject to expedited appeal procedure.
Harrison v. State, No. 49A04-0807-CR-423, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2009)
“Defense” to within-1,000-feet-of-park drug crime enhancement that defendant was “briefly” in the zone and no person under 18 was present is a mitigating factor like “sudden heat” which State must rebut if evidence puts it in issue.