Viable fetus was not a child for the purposes of the Child Wrongful Death statute.
Appeals
Indiana Family & Social Servs. Admin. v. Meyer, No. 69A01-0807-CV-358, ___ N.E.2d ___ (Ind. Ct. App., Jan. 30, 2009)
Because plaintiff did not timely file the agency record or seek an additional extension of time in which to do so, its petition for judifical review of a final agency action was “subject to dismissal” under the Administrative Orders and Procedures Act; the trial court, however, had discretion to find that a petition “subject to dismissal” should not, upon a proper showing, be dismissed.
In re Termination of Parental Rights of J.H., No. 02A05-0807-JV-410, ___ N.E.2d ___ (Ind. Ct. App., Jan. 12, 2009)
Indiana Code § 31-32-9-1(d) does not exempt DCS from compliance with service of process Trial Rules, but DCS nevertheless adequately complied with such rules to satisfy due process considerations.
Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)
If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.
Gibson v. Indiana Dep't of Correction, No. 49A04-0803-CV-165, ___ N.E.2d ___ (Ind. Ct. App., Dec. 29, 2008)
The Sex and Violent Offender Registry statute does not violate sections 12 and 23 of Article 1 of the Indiana Constitution; in addition, the registry statute consistently requires lifetime registration by some but not all violent offenders.