A party seeking judicial recusal must properly bring a Criminal Rule 12 motion, and is not entitled to relief based solely on obligations under the Code of Judicial Conduct.
Appeals
Yeager v. Deutsche Bank Nat’l Trust Co., No. 22A04-1604-MF-727, __N.E.3d__ (Ind. Ct. App., Dec. 6, 2016).
In a mortgage foreclosure, a trial court must hold a hearing or to otherwise obtain information to determine the amount of the defendant’s provisional monthly payment.
Anderson v. State, No. 49A02-1511-CR-1947, __ N.E.3d __ (Ind. Ct. App., Dec. 5, 2016).
Handgun found in coat pocket of a coat removed when defendant stepped out of his car was improperly admitted into evidence because search was not lawful as incident to arrest or as an inventory search.
In re Commitment of M.E., No. 27A02-1605-MH-987, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).
That an individual appeared at a hearing with counsel is insufficient to prove service; service and proof of service is required for all civil commitment cases.
Sheetz v. Sheetz, No. 01A05-1601-DR-80, __N.E.3d__ (Ind. Ct. App., Nov. 23, 2016).
Husband is equitably estopped from rebutting the presumption that he is child’s biological father because he told his wife that he would raise the child as his own, prohibited her from telling the child’s biological father that she was pregnant and also instructed her not to seek support from the biological father or to file a paternity action.