Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”
F. Sullivan
In re the Adoption of L.D., No. 49S02-1006-CV-330, __ N.E.2d __ (Ind., Dec. 16, 2010)
Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”
State v. Hobbs, No. 19S01-1001-CR-10, __ N.E.2d __ (Ind., Sept. 30, 2010)
While defendant was being arrested in the restaurant where he worked, a dog sniff alert for drugs in his car parked in the restaurant lot justified a warrantless search of the car under the “automobile exception.”
Donovan v. Grand Victoria Casino & Resort, L.P., No. 49S02-1003-CV-00124, __ N.E.2d __ (Ind., Sept. 30, 2010)
An Indiana casino may exclude an individual employing “card counting” techniques to improve her chance of winning.