Trial court infringed upon the custodial rights of parent by delegating decision-making as to child’s need for therapy to a service provider.
M. Bailey
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.
Jenner v. Bloomington Cellular Services, Inc., No. 53A05-1606-MI-1415, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
Tax sale purchasers must provide notice to any person with a substantial, publicly recorded interest even if their interest lies outside the chain of title. “Requiring a tax-sale purchaser to search outside the chain of title—even if it means searching thousands of records in the county recorder’s office—is one of the safeguards created by the statute.”
B&R Oil Co., Inc. v. Stoler, No. 71A04-1603-PL-608, __ N.E.3d __ (Ind. Ct. App., May 30, 2017).
Lessor may not circumvent a lessee’s contractual right of first refusal to purchase the leased premises by submitting a third-party offer to the lessee in which the leased premises are bundled with other property.
Gonzalez v. State, No. 33A04-1612-MI-2807, __ N.E.3d __ (Ind. Ct. App., May 19, 2017).
Forfeiture order was reversed when the trial court inferred from defendant’s presence in the vehicle that he was a co-conspirator with the other passengers for dealing in narcotics when there was no additional evidence of a nexus between defendant’s forfeited money and dealing in narcotics.