Where DCS alleged Child to be a CHINS with respect to Mother, but not with respect to Father, Court of Appeals remanded the case for determination of whether Father is willing and able to appropriately parent Child.
Appeals
Shotts v. State, No. 71A03-0808-CR-400, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“Good faith” exception did not save arrest on Alabama arrest warrant which was based on a completely conclusory affidavit; fact arresting Indiana officers never had seen the warrant or affidavit did not alter the result.
Barkwill v. Cornelia H. Barkwill Revocable Trust, No. 64A04-0808-CV-455, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
“[A]n automatic presumption that any adult child who assists an aging parent is presumed to be in a dominant role and exert undue influence over that parent’s decisions is ill-advised.”
Ind. Division of Child Services, LaPorte County v. LaPorte County CASA, NO. 46A04-0902-JV-78, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2009)
Periodic CHINS placement review was transformed into a modification proceeding, so that court’s modification contrary to DCS recommendation was subject to expedited appeal procedure.
Harrison v. State, No. 49A04-0807-CR-423, __ N.E.2d __ (Ind. Ct. App., Feb. 26, 2009)
“Defense” to within-1,000-feet-of-park drug crime enhancement that defendant was “briefly” in the zone and no person under 18 was present is a mitigating factor like “sudden heat” which State must rebut if evidence puts it in issue.