Children that were adopted out of the family after the settlor’s death retained their status as beneficiaries of the trust.
Appeals
Cook v. State, No. 19A-CR-2225, __ N.E.3d __ (Ind. Ct. App., Mar. 31, 2020).
Statements to a witness in a pending action to “bow out” to not “lose anything in the end” is sufficient to sustain a conviction for attempted obstruction of justice.
State v. Vande Brake, No. 19A-CR-1772, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
A trial court lacks authority to sua sponte dismiss a properly filed firearm enhancement.
Atkins v. State, No. 19A-CR-951, __ N.E.3d __ (Ind. Ct. App., Apr. 3, 2020).
Implied adverse consequences and orders to sit down uttered by law enforcement to a suspect, coupled with other factors, may constitute “custody” for purposes of triggering Pirtle and/or Miranda advisements.
In re Paternity of M.S., No. 19A-JP-1595, __ N.E.3d __ (Ind. Ct. App., April 6, 2020).
The time period relevant to establishing a de facto custodianship excludes any period of time after a child custody proceeding has been commenced and while it is pending. After a child custody proceeding has been commenced and has concluded, however, the calculation of the time relevant to a de facto custodian determination is not tolled.