Failure of Child Services to provide father with notice of hearings and copies of all orders in the CHINS phase of proceedings, when Child Services knew father’s name and whereabouts, violated Due Process and required reversal of termination of father’s parental rights.
Appeals
Britt v. State, No. 02A03-1004-CR-253, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Britt v. State (Ind. Ct. App., Mathias, J.)-When robbery defendant called his brother as a witness and did not attack the brother’s credibility, the brother’s prior robbery conviction was inadmissible character evidence.
Segar v. State, No. 49A02-1003-CR-269, __ N.E.2d __ (Ind. Ct. App., Dec. 1, 2010)
Defendant did not waive his objection to the admission of the marijuana found on his person when he earlier made no objection to officers’ “foundational” testimony that material in his pocket “resembled” and “was believed to be” marijuana.
Kocielko v. State, No. 20A03-1002-CR-218, __ N.E.2d __ (Ind. Ct. App., Dec. 2, 2010)
Defendant convicted of both deviate sexual conduct and fondling has the fondling conviction reversed, under the rule that multiple convictions cannot be imposed for the “same injurious consequences sustained by the same victim during a single confrontation.”
St. Joseph Hosp.. v. Cain, No. 02A05-1006-PL-386, __ N.E.2d __ (Ind. Ct. App., Nov. 24, 2010)
Failure to file a verified petition as required by the Administrative Orders and Procedures Act does not deprive a trial court of subject matter jurisdiction, and is a “procedural error.” Further, AOPA’s verified petition requirement does not preclude a court promulgated rule, so that an amended petition relates back to the date of the filing of the original petition in accordance with Trial Rule 15.