A criminal background check that complies with Ind. Code §31-9-2-22.5 is necessary to the adoption process; its absence renders an adoption petition fatally deficient. Also, the adoption court should consolidate the paternity action before issuing its adoption decree.
J. Baker
Sidener v. State, No. 10A01-1507-CR-1006,___N.E.3d____ (Ind. Ct. App., May 26, 2016).
Law enforcement’s use of a GPS tracking device to track the movements of a vehicle in which defendant was a passenger did not violate his rights under the Fourth Amendment to the United States Constitution and Article 1, Section 11 of the Indiana Constitution.
Schuck v. State, No. 73A01-1507-CR-981, __ N.E.3d __ (Ind. Ct. App., May 4, 2016).
Investigatory costs should be reimbursed because investigation was necessary even though defendant pleaded guilty.
Cowans v. State, No. __ N.E.3d __ (Ind., April 27, 2016). __ N.E.3d __ (Ind. Ct. App., April 27, 2016).
When being pulled over by the police, a driver does not have full discretion to choose to stop anywhere, but with “adequate justification” might have some discretion to choose the location of a stop. Whether the driver exercises limited discretion in choosing a place to stop should be a question of fact for the jury.
Fisher v. State, No. 20A03-1509-CR-1373, ___ N.E.3d ___ (Ind. Ct. App., March 31, 2016).
Restitution order was proper, despite plea agreement’s silence about restitution; agreement implicitly incorporated I.C. § 35-48-4-17, which mandates restitution in methamphetamine cleanup cases.