Trial court infringed upon the custodial rights of parent by delegating decision-making as to child’s need for therapy to a service provider.
Appeals
AAA Federal Credit Union v. Ind. Dept. of Transportation, No. 71A03-1609-PL-2091, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
In an inverse condemnation case, landowner does not have a property interest in the free flow of traffic from a particular road or in continuing to abut a particular type of road.
In re Civil Commitment of M.L., No. 49A02-1612-MH-2823, __ N.E.3d __ (Ind. Ct. App., June 27, 2017).
A special condition of a mental health commitment must bear a relationship to treatment or protection of the public; special condition of no alcohol or drug use was struck because there was no record of this relationship.
In re K.S., No. 49A02-1701-JC-38, __ N.E.3d __ (Ind. Ct. App., June 29, 2017).
Department of Child Services failed to present evidence that child’s physical or mental condition was seriously impaired or seriously endangered when it only presented that Mother used marijuana two months prior to giving birth.
Roach v. State, No. 49A04-1608-CR-1918, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
A trial court judge must make credibility findings when ruling on the constitutionality of a prosecutorial preemptory challenge that strikes a prospective African American juror for demeanor-based reasons.