In determining indigency for the purpose of court-appointed counsel, trial courts should consider defendant’s actual income as of the time of the hearings and his fixed monetary obligations, including his obligations to his family.
M. Barnes
Harris v. State, No. 91A05-0904-CV-188, ___ N.E.2d ___ (Ind. Ct. App.. Sept. 2, 2009)
To constitute sufficient proof of notice under the bond forfeiture statute, State must at a minimum present evidence of compliance with Indiana Trial Rule 5(B), which governs service of papers in civil actions.
In re Termination of Parental Relationship of J.G., No. 32A04-0902-JV-79, ___ N.E.2d ___ (Ind. Ct. App., Aug. 7, 2009)
Notwithstanding the recent revision of the relevant statutes, the General Assembly did not intend for DCS to bear the burden of court-appointed legal services in termination proceedings, and the county should continue to be responsible for those costs.
Webster v. State, No. 71A03-0902-CR-78, __ N.E.2D __ (Ind. Ct. App., June 22, 2009)
Search of traffic stop passenger’s purse, on basis officer thought it looked “stretched” and might therefore contain a firearm, violated Art. 1, Section 11 of the Indiana Constitution.
Washington Twp. Fire Dep't v. Beltway Surgery Ctr., No. 93A02-0811-EX-1006, ___ N.E.2d ___ (Ind. Ct. App., June 24, 2009)
The employer of an injured employee bears the burden of proving that a medical service provider’s bill exceeds the Worker’s Compensation 80th percentile standard.