An adoption action was filed in another county after a paternity action had commenced; by statute, “[b]ecause the petition for adoption and the paternity action were pending at the same time, the court in which the petition for adoption had been filed had exclusive jurisdiction over the custody of [the child].”
E. Brown
Cunningham v. State, No. 19A05-1310-CR-489, __ N.E.2d __ (Ind. Ct. App., Feb. 27, 2014).
When circumstances did not support a pat-down of stopped motorist, officer’s statement he would pat-down the motorist if the motorist chose to get out of the car was an ultimatum rather than a choice to which the motorist could consent.
Pietrowski v. State, No. 46A03-1306-CR-222, __ N.E.2d __ (Ind. Ct. App., Feb. 18, 2014).
Defense motion to exclude intoxication evidence, based on argument legislation transferring Department of Toxicology from Indiana University to the State abrogated existing toxicology regulations and required adoption of new ones, was properly denied.
State v. Banks, No. 49A02-1303-CR-235, __ N.E.2d __ (Ind. Ct. App., Jan. 23, 2014).
Affirms trial court’s suppression of confession on the basis it was not voluntary.
In re B.B, No. 34A02-1303-JP-243, __ N.E.2d __ (Ind. Ct. App., Nov. 20, 2013).
Trial court properly admitted text messages into evidence.