Trial court erred in denying Grandfather’s adoption petition, because preventing the adoption without divesting Mother’s parental rights would cause an absurd result not intended by the General Assembly.
E. Brown
Merchant v. State, No. 02A05-0910-CR-610, __ N.E.2d __ (Ind. Ct. App., May 5, 2010)
Uncuffed driver with second officer five feet from driver’s side door while first officer was standing by the open driver’s door was “unsecured and within reaching distance of the passenger compartment” so that warrantless search of compartment was permissible under Arizona v. Gant.
Clarion Health Partners, Inc. v. Wagler, No. 49A02-0907-CV-598, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2010)
Determination by two malpractice panelists that it could not be determined whether defendant’s action caused harm was without any evidentiary import for summary judgment purposes, and as nurse practitioner’s affidavit submitted by plaintiff could not be considered for summary judgment, third panelist’s conclusion defendant negligently caused injury shifted burden to plaintiff to show a genuine issue on causation.
Hampton v. State, No. 49A04-0906-CR-331, __ N.E.2d __ (Ind. Ct. App., Feb. 8, 2010)
Statute providing that the first thirty years of an A felony child molesting sentence may not be suspended does not operate to change the minimum sentence for such an offense from twenty years to thirty.
Harris v. Harris, No. 49A04-0905-CV-256, ___ N.E.2d. ___ (Ind. Ct. App., Feb. 17, 2010)
Although the court did not have personal jurisdiction over husband, it could dissolve the marriage and change the parties’ status from married to unmarried; it could not, however, adjudicate the incidences of marriage. Trial court also erred by not complying with the Servicemembers Civil Relief Act and the Uniform Child Custody Jurisdiction and Enforcement Act in the child custody proceedings.