Reverses delinquency adjudication for intimidation because child’s threats were all conditional about speculative or future events, not past conduct.
E. Najam
Carpenter v. State, No. 77A01-1306-CR-293, __ N.E.2d __ (Ind. Ct. App., Dec. 6 ,2013).
Evidence for revocation of probation was insufficient when it did not provide any basis to conclude phenobarbital was taken after period of probation had begun.
In re Infant T., No. 67A05-1301-JP-36, __ N.E.2d __, (Ind. Ct. App., July 11, 2013).
A petition to disestablish maternity is not cognizable, but maternity can be indirectly disestablished by a putative mother petitioning the court for the establishment of maternity and proving her maternity by clear and convincing evidence.
Gates v. City of Indianapolis, No. 49A04-1210-OV-503, __ N.E.2d __, (Ind. Ct. App., July 11, 2013).
Defendant is entitled to a jury trial on alleged violations of municipal ordinances.
Lagrone v State, No. 49A05-1203-CR-135, __ U.S. __ (Ind. Ct. App., Mar. 26, 2013).
Police placement of a GPS device in a package opened by UPS did not violate the Fourth Amendment, but police use of a “parcel wire” to monitor the opening of the package once defendant had taken it into his home was an illegal search under the Fourth Amendment; police could not enter the home without a warrant under the “exigent circumstances” exception because the exigent circumstances – the wire’s alert that the package was opening – were the result of their Fourth Amendment violation.