Trial court must conduct a hearing to determine defendant’s ability to pay public defender fees and medical expenses; must reduce the medical expenses incurred by any amount of co-payment made by inmate and insurance or Medicaid reimbursement expected; and, must state a statutory basis for requiring defendant to pay a public defender fee.
Appeals
Peele v. State, No. 19A-CR-313, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
The warrantless search of the sock that fell from defendant’s pants containing illegal drugs exceeded the proper scope of a Terry search in violation of his Fourth Amendment rights, and the evidence obtained in the search should not have been admitted at trial.
Laboa v. State, No. 18A-CR-951, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
When a meritorious PCR petition was filed by a pro se petitioner, and neither party moved for summary disposition, the post-conviction court should have either ordered the cause to be submitted by affidavit or held an evidentiary hearing.
Campbell v. Eary, No. 19A-MI-6, __ N.E.3d __ (Ind. Ct. App., Aug. 15, 2019).
A grandparent visitation order does not survive the subsequent marriage of the natural parents of a child born out of wedlock.
Hayden v. Franciscan Alliance, Inc., No. 18A-CT-1777, __ N.E.3d __ (Ind. Ct. App., Aug. 19, 2019).
When an employee accessed medical records for non-employment-related reasons in direct violation of a confidentiality agreement, the trial court properly granted employer’s motion for summary judgment on respondeat superior and negligent hiring and retention of the employee.