State was ordered to immediately reimburse money taken by civil forfeiture when the cash was prematurely turned over to the federal government and there was no evidence that a crime occurred.
J. Baker
Robinson v. Robinson, No. 18A-EM-2742, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).
A transfer on death deed beneficiary “takes the owner’s interest in the property at the death of the owner subject to all conveyances . . . made by the owner . . . during the owner’s lifetime.” If the property owner quitclaims property interest prior to death, then there is no interest in the property to transfer upon death via the transfer on death deed.
Scales v. Warrick County Sheriff’s Department, No 18A-MI-1590, __ N.E.3d __ (Ind. Ct. App., April 17, 2019).
The investigatory records exception to disclosure under APRA does not apply to the records for a missing persons investigation.
State v. Kirby, No. 18A-PL-2334, __ N.E.3d __ (Ind. Ct. App., March 4, 2019).
The unlawful-entry statute, prohibiting a serious sex offender from entering school property, is not an unconstitutional ex post facto law as applied to defendant who had to stop attending his son’s school events.
Barrand v. Martin, No. 18A-JP-1796, __ N.E.3d __ (Ind. Ct. App., March 1, 2019).
The Court of Appeals urges all trial courts to “carefully consider the possible impact of SSR benefits when determining whether to provide a credit to a non-custodial parent for his or her child support obligation.”