Mother was denied due process when her children were allowed to be adopted while the appeal of her termination of parental rights was pending.
M. Bailey
Wilson v. State, No. 29A02-1202-CR-88, __ N.E.2d __ (Ind. Ct. App., Sept. 6, 2012).
Trial court did not abuse discretion by excluding evidence of Department of Toxicology Laboratory audits of tests performed from 2007 t0 2009, on the basis that defendant’s test was performed in 2011 when “different procedures were executed by different analysts serving under a different Director more than 1 ½ years beyond the chronological scope of the audits.”
Iltzsch v. State, No. 49A02-1112-CR-1164, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2012).
Reverses restitution order because it rested solely upon victim’s unsupported assertions of loss as related to probation officer and placed in PSI, and holds State may not have a new restitution hearing to present evidence sufficient to support a restitution award.
Cline v. State, No. 06A05-1111-MI-611, __ N.E.2d __ (Ind. Ct. App., July 26, 2012).
Trial court, which determined that Indiana ex post facto law prevents state from requiring petitioner to register as a sex offender, did not have authority to order the petitioner’s name to be removed from the Sex Offender Registry.
McWhorter v. State, No. 33A01-1202-PC-72, __ N.E.2d __ (Ind. Ct. App., July 12, 2012).
Instructions “prescribed sequential error.”