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Case Clips

Published by the Indiana Office of Court Services

Appeals

In re Resnover, No. 49A02-1205-MI-364, ___ N.E.2d ___ (Ind. Ct. App., Dec. 5, 2012).

December 7, 2012 Filed Under: Civil Tagged With: Appeals, P. Riley, T. Crone

In an action for a name change, “a petitioner must submit with the petition for a name change the documents requested in I.C. § 34-28-2-2.5—including a driver’s license number or identification card number—if applicable…. [A]lthough we have decided that the language of subsection 2.5 does not carry a mandate, but rather a directory intent, the trial court is still obliged to discern the absence of a fraudulent purpose prior to granting a petitioner’s name change.”

C.A.B. v. J.D.M., No. 37A03-1204-AD-149, ___ N.E.2d ___ (Ind. Ct. App., Nov. 30, 2012).

December 7, 2012 Filed Under: Civil Tagged With: Appeals, M. Bailey, N. Vaidik

Mother was denied due process when her children were allowed to be adopted while the appeal of her termination of parental rights was pending.

Thomas v. State, No. 64A03-1204-PL-191, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2012).

November 29, 2012 Filed Under: Civil Tagged With: Appeals, C. Bradford

Ten year statute of limitations applies to habitual traffic violator suspensions; three-year delay in imposition of habitual traffic offender suspension was not shown to be subject to “extreme unfairness” basis for applying laches to bar an administrative regulatory sanction.

Lebo v. State, No. 46A05-1202-CR-104, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2012).

November 21, 2012 Filed Under: Criminal Tagged With: Appeals, C. Bradford, J. Baker

The B misdemeanor offense of failure to report child abuse or neglect is a continuing offense, and hence is not subject to the misdemeanor statute of limitations.

White v. State, No. 90A04-1111-CR-621, __N.E.2d __ (Ind. Ct. App., Nov. 21,2012),

November 21, 2012 Filed Under: Criminal Tagged With: Appeals, E. Najam

Statements of murder victim were properly admitted under Evidence Rule 804(b)(5), the “forfeiture by wrongdoing” hearsay exception.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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