Dept. of Natural Resources had jurisdiction over dam on private property based on its location in, on, or along a stream of Indiana.
G. Slaughter
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Nov. 29, 2018).
Relocating a fixed easement requires the consent of all affected estate-holders.
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
B.T.E. v. State, No. 36S05-1711-JV-711, __ N.E.3d __ (Ind., Oct. 11, 2018).
The defendant’s planning, solicitations, bomb research, drawings depicting the target classroom, and death note together justify the trial court’s conclusion that his affirmative conduct amounts to a substantial step toward the commission of aggravated battery.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.