Trial court has discretion to determine whether a continuance is warranted if DCS fails to provide the statutorily required notice to a parent for a termination of parental rights hearing
Appeals
In re the Civil Commitment of L.J., No. 18A-MH-152, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
A blanket CB order approving all recommendations and findings of a magistrate, commissioner and/or referee does not make a magistrate, commissioner and/or referees’ orders final.
Stone v. State, No. 34A02-1710-CR-2514, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2018).
The State violated Indiana’s Double Jeopardy Clause when it brought two separate charges of dealing in synthetic drugs based solely upon the fact that the packets containing the spice bore different brand names.
In re T.T. v. Ind. Dept. of Child Svcs., No. 18A-JC-1216, __ N.E.3d __ (Ind. Ct. App., Oct. 10, 2018).
Fact-finding hearings on CHINS petitions must be completed within 120 days of filing, regardless of any act or agreements of the parties involved.
Kaushal v. State, No. 49A04-1612-CR-2862, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2018).
In order to establish prejudice by counsel’s deficient performance resulting in a guilty plea, a defendant must substantiate his claim with contemporaneous evidence and not rely merely on post hoc claims that he would not have pled guilty had he been better advised.