Grandparents do not have standing to seek visitation of Father’s adopted children when the Father is their son.
Appeals
Morrell v. State, No. 18A-CR-1282, __ N.E.3d __ (Ind. Ct. App., March 21, 2019).
Trial courts may not use non-adjudicated juvenile contacts with the justice system as an aggravating circumstance in sentencing.
Walters v. State, No. 18A-CR-1021, __ N.E.3d __ (Ind. Ct. App., March 22, 2019).
The certificate offered to authenticate cell phone records did not properly authenticate the records because it was issued approximately eighteen months after the records were obtained, does not contain the phone number for which the search warrant requested records, does not contain the number of pages it purports to authenticate, and does not contain the dates the records encompass.
Linville v. State, No. 18A-CR-983, __ N.E.3d __ (Ind. Ct. App., March 22, 2019).
The Court of Appeals reduced the trial court’s restitution order because a trial court cannot order a defendant to pay restitution for crimes to which he did not plead guilty.
Hendricks Cnty. v. Green, No. 18A-PL-2528, __ N.E.3d __ (Ind. Ct. App., March 19, 2019).
Probation officers are entitled to a cash payout of unused PTO in accordance with the Court’s employee manual; county is not entitled to sovereign immunity under the Wage Payment Statute.