Disagrees with prior Court of Appeals opinion and holds that, (1) when the subject of an Indiana criminal charge is being held in federal custody outside Indiana, (2) no detainer is filed against him on the Indiana charge, and (3) he is then brought into Indiana by federal authority, Criminal Rule 4 does not apply.
M. Barnes
Oster v. State, No. 84A05-1208-CR-437, __ N.E.2d __ (Ind. Ct. App., Aug. 9, 2013).
Evidence of defendant’s possession of tools useful for theft but not used to break and enter, of the retail nature of the business premises broken into, and of the fact that the defendant had a residence he could use for shelter sufficed to prove his intent to commit theft in the premises he broke and entered.
Stone v. Stone, No. 49A02-1210-DR-820, __ N.E.2d __, (Ind. Ct. App., July 23, 2013).
The trial court properly refused to approve a settlement agreement entered into by parents regarding custody of minor children.
C. B. v. State, No. 49A04-1207-JV-379, __ N.E.2d __ (Ind. Ct. App., May 21, 2013).
Juvenile court must independently determine probable cause for a violation of a “conditional admission agreement,” and must afford the juvenile an opportunity to challenge the probable cause.
Zavodnik v. Richards, No. 49A02-1209-CC-750, ___ N.E.2d ___ (Ind. Ct. App., March 14, 2013).
When a trial court has involuntarily dismissed a case without prejudice pursuant to T. R. 41(E), T.R. 41(F) gives dismissing trial court the discretion to consider whether a complaint should be reinstated. Plaintiff should not file a substantially similar or identical complaint in another court.