Because the school official and police officer employed by the school acted in concert in obtaining incriminating statements from the student, and both were aware of the probability of criminal charges, the student should have been advised of his Miranda rights.
J. Baker
J.R. v. State, No. 49A02-1704-JV-754, __ N.E.3d __ (Ind. Ct. App., Feb. 9, 2018).
General statute on carrying a handgun without a license (Ind. Code § 35-41-2-1(a)) does not apply to juveniles because a statute related to a juvenile’s dangerous possession of a firearm (Ind. Code § 35-47-10-1) exists.
Wilson v. State, No. 45A03-1707-PC-1466, __ N.E.3d __ (Ind. Ct. App., Jan. 30, 2018).
Appellate counsel must review the complete record of proceedings before the trial court, including pre-trial hearing transcripts, in order to provide effective assistance of counsel.
In re Paternity of I.I.P, No. 63A01-1706-JP-1265, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2018).
Although Legal Father had been established by paternity affidavit and Ind. Code §16-37-2-2.1 was inapplicable, Legal Father was not entitled to judgment as a matter of law on Mother’s petition to establish paternity when Mother and Biological Father could possibly disestablish paternity under Ind. Code § 31-14-5-3.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.