When the daughter agreed “to pay the facility the full amount of the resident’s income and resources that the Responsible Party/Agent controls or accesses,” in an agreement with a nursing home for her mother, and there was no evidence presented that daughter ever had access to or control of mother’s income or resources from which to make payment to the nursing home, the daughter was not liable for the nursing home costs.
Appeals
Aslinger v. State, No. 35A02-1303-CR-296, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Terry stop was improperly extended with a search for evidence. Instruction on methamphetamine manufacturing defense of being “briefly in” 1,000 feet of a park was properly rejected because the defendant was charged with dealing, not manufacturing, even though the charged was “grounded in manufacturing.”
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.
A.N. v. K.G., No. 49A04-1212-PO-649__ N.E.2d __ (Ind. Ct. App., Jan. 21, 2014).
The trial court did not improperly act as an advocate in protective order proceedings.
Gaines v. State, No. 49A04-1303-CR-123, __ N.E.2d __ (Ind. Ct. App., Dec. 20, 2013).
Return of service for an ex parte protective order was not “testimonial” so that its admission as evidence did not violate the defendant’s Sixth Amendment Confrontation Clause right.