In a mental health commitment, if the respondent is not present at the hearing, the trial court’s determination of whether it should waive the respondent’s presence must be made at the outset of the hearing using evidence establishing that the respondent’s presence would be injurious to his mental health or well-being.
Appeals
P.S. v. T.W., No. 32A01-1610-PO-2426, __ N.E.3d __ (Ind. Ct. App., July 20, 2017).
Trial court was not required to apprise defendant of all possible penalties for violating the protective order and did not violate his due process by requiring GPS monitoring.
Gresk v. Demetris, No. 49A02-1610-MI-2287, __ N.E.3d __ (Ind. Ct. App., July 21, 2017).
Anti-Strategic Lawsuit Against Public Participation (SLAPP) statute does not apply to reports of child abuse or neglect made to Department of Child Services.
Black v. State, No. 09A04-1610-CR-2312, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
The same bodily injury inflicted on a victim of a robbery may not be used to enhance the penalty on both a conviction of conspiracy to commit robbery and a conviction of robbery.
In re Paternity of J.W., No. 76A04-1610-JP-2476, __ N.E.3d __ (Ind. Ct. App., July 7, 2017).
Trial court infringed upon the custodial rights of parent by delegating decision-making as to child’s need for therapy to a service provider.