Trial court had the ability to consider simultaneously both the CHINS action and the Foster Parents’ petition to adopt Child; trial court erred, however, when it determined that DCS’s withholding of consent to the adoption was not in Child’s best interest.
Appeals
Williams v. State, No. 18A02-0911-CR-1092, __ N.E.2d __ (Ind. Ct. App., July 16, 2010)
When two controlled substance possession counts alleged possession of different commercial drugs, Vicodin and Anexsia, when each drug contained the same controlled substance, dihydrocodeinon, there could be only one conviction of possession of a controlled substance.
Vest v. State, No. 49A02-0912-CR-1276, __ N.E.2d __ (Ind. Ct. App., July 21, 2010)
Resisting efforts of several police officers to make an arrest was a single offense, not three, of resisting law enforcement, so that there was no need for a “unanimity” instruction requiring jurors to agree that a particular officer’s efforts were resisted.
Donald v. State, No. 23A04-0912-CR-685, __ N.E.2d __ (Ind. Ct. App., July 22, 2010)
Due Process requires that a probationer be competent at his probation revocation hearing.
McCabe v. Commissioner, Ind. Dep’t of Ins., 49A02-0908-CV-728, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2010)
Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.