Trial court erred by ordering that DCS pay the GAL fees associated with the underlying CHINS proceedings; Indiana Code §§ 31-40-3-2 and 33-24-6-4 require that the county, not DCS, is responsible for the GAL fees.
Appeals
Webster v. State, No. 71A03-0902-CR-78, __ N.E.2D __ (Ind. Ct. App., June 22, 2009)
Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.
Stokes v. State, No. 43A04-0811-CR-655, __N.E.2d __ (Ind. Ct. App., June 23, 2009)
Alternate’s conversation with deliberating jurors did not require a mistrial when trial judge polled jurors and all indicated they were not influenced by alternate.
Gonzalez v. State, No. 82A01-0809-CR-406, __ N.E.2d __ (Ind. Ct. App., June 23, 2009)
Gonzalez v. State (Ind. Ct. App., May, J.)-When trial judge took plea agreement under advisement to allow the school which owned the bus defendant hit to decide whether to object, defendant’s letter to the school apologizing was a plea negotiation statement privileged under Evidence Rule 410 and its admission in evidence was reversible error.
Washington Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1006, ___ N.E.2d ___ (Ind. Ct. App., June 24, 2009)
The employer of an injured employee bears the burden of proving that a medical service provider’s bill exceeds the Worker’s Compensation 80th percentile standard.