Defendant’s constitutional right to a speedy trial was violated when he diligently attempted to be tried on Indiana charges while in federal custody for five years but State did not seek to have him tried under a policy not to return persons in another jurisdiction’s custody until their sentences were served in that jurisdiction.
Appeals
Regalado v. Eastate of Regalado, No. 64A05-0911-CV-672, ___ N.E.2d ___ (Ind. Ct. App., Aug. 27, 2010)
Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.
Walker v. State, No. 71A03-1003-CR-115, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2010)
“Continuing crime doctrine” did not apply to distinct crimes.
In re Paternity of P.B., No. 03A01-1001-JP-5, ___ N.E.2d ___ (Ind. Ct. App., Aug. 16, 2010)
Trial court erred in imposing a clear-and-convincing-evidence standard with respect to Mother’s motion to modify and terminate Father’s parenting time.
Hematology-Oncology of Indiana v. Fruits, No. 49A05-0910-CV-556, ___ N.E.2d ___ (Ind. Ct. App., Aug. 18, 2010)
Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.