“[W]e need not decide whether there might have been any error in the filing of the petition by the prosecuting attorney instead of the director of community corrections because we hold that any potential error was a procedural, not jurisdictional, error.”
Appeals
Fairbanks v. State, No. 49A02-1707-CR-1675, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).
The trial court properly admitted evidence that the defendant’s daughter’s death was no accident under Evid. Rule 404(b)’s lack-of-accident purpose, even though the defendant did not affirmatively claim mistake or accident.
Stickrod v. State, No. 79A04-1710-CR-2473, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).
The entry of judgments of convictions for two counts of possession of methamphetamine violated double jeopardy; merging the two convictions at sentencing was insufficient to correct the violation.
In re Z.B. v. Ind. Dept. Child Svcs., No. 18A-JT-318, __ N.E.3d __ (Ind. Ct. App., July 31, 2018).
A CASA has the statutory authority to independently prosecute a petition to terminate parental rights when DCS opposes termination.
Pflugh v. Indianapolis Historic Preservation Comm’n, No. 18A-PL-351, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).
Neighbor lacks standing to challenge a rezoning decision unless he can show pecuniary or special injury.