The transcript contained no admissions by the probationer of the alleged probation violation, and without such admissions the revocation without a hearing would be fundamental error, but as there was a notation in the CCS that an admission was made and this notation was presumptively true, the probationer failed to demonstrate fundamental error.
C. Bradford
Devlin v. Peyton, No. 49A02-1008-DR-902, ___ N.E.2d ___ (Ind. Ct. App., Mar. 18, 2011)
Dissolution court cannot sua sponte assume jurisdiction over adoption of child of the marriage when adoption is pending in another court.
Gray v. State, No. 82A01-1005-CR-223, __ N.E.2d __ (Ind. Ct. App., Mar. 8, 2011)
Evidence of constructive possession of marijuana, found in defendant’s house under her coffee table next to two juveniles on the couch, was insufficient to convict.
Hoglund v. State, No. 90A02-1005-CR-591, __ N.E.2d __ (Ind. Ct. App., Feb. 22, 2011)
Rejects argument that caselaw has superseded Lawrence v. State’s holding permitting ” some accrediting of the child witness in the form of opinions from parents, teachers, and others having adequate experience with the child, that the child is not prone to exaggerate or fantasize about sexual matters.”
Brindle v. Arata, No. 02A05-1004-SC-239, __ N.E.2d __ (Ind. Ct. App., Dec. 7, 2010)
Student loan funds, exempt from garnishment under federal statute, retain their exempt status after deposit in the student’s bank account.