Teacher’s conduct, walking by and touching student’s posterior to induce her to sit back down into her seat, falls within the scope of the teacher’s statutory qualified immunity as a teacher managing a classroom; student’s § 1983 claim also fails because, as a matter of law, student failed to show that teacher’s conduct could have violated a clearly established right.
Appeals
Wright v. State, No. 05A02-1610-CR-2397, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2018).
Defendant’s felony child molesting conviction reversed because his incriminating statements to arresting officers flowed from an unconstitutional search and seizure of his computers and were the fruit of the poisonous tree.
Burden v. State, No. 66A03-1706-CR-1298, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Conviction reversed for felony neglect of a dependent because there was no evidence of subjective awareness of a high probability that by leaving the scene defendant had placed child in a situation that endangered her life or health.
Hays v. Hockett, No. 62A01-1612-DR-2910, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2018).
Jurisdiction under the Uniform Child Custody Jurisdiction Act (“UCCJA”) does not equate to subject matter jurisdiction, and is therefore waivable
Crowder v. State, No. 02A03-1704-PC-824, __ N.E.3d __ (Ind. Ct. App., Jan. 16, 2018).
Counsel should have advised defendant to not accept a plea agreement that waived his appellate rights when he received no benefit for the waiver; therefore, that waiver is severed from the plea agreement and he may appeal his sentence.