After defendant’s release on recognizance satisfied his initial C.R. 4(B) motion for speedy trial in 70 days, his “renewal” of his motion, after arrest on new charges and the revocation of his release on recognizance due to the new arrest, began a new 70 day period, not a resumption of the original 70 days.
Appeals
Hyche v. State, No. 49A02-0911-CR-1154, __ N.E.2d __ (Ind. Ct. App., Sept. 23, 2010)
Defendant’s arranging to buy and pay for cocaine for himself was not “dealing.”
In re Adoption of N.W., No. 71A04-1002-AD-127, __ N.E.2d __ (Ind. Ct. App., Sept. 16, 2010)
When Mother had some income but by agreement had no support obligation, and provided the child with housing, food, and other necessities, there was a failure to prove by clear and convincing evidence Mother’s consent was not required for adoption.
Indiana Patient's Compensation Fund v. Brown, No. 49A02-1001-CT-80, __ N.E.2d __ (Ind. Ct. App., Sept. 17, 2010)
Adult wrongful death statute allows parents to recover damages for loss of adult child’s services.
Kalwitz v. Kalwitz, No. 46A03-0912-CV-574, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2010)
As all small claims defenses are deemed at issue without a responsive pleading, a litigant wanting an “automatic” small claims change of judge must request it within 30 days of the date the case is placed on the CCS as having been filed.