Trial court lacked authority to grant post-adoption visitation rights to child’s biological uncle.
M. May
Piatek v. Beale, No. 49A04-1209-CT-448, __ N.E.2d __ (Ind. Ct. App., May 20, 2013).
A reference made during a trial to “pleading the Fifth” is not an admission of a crime and alone is not grounds for a mistrial.
Keck v. State, , __N.E.2d __ (Ind. Ct. App., Apr. 24, 2013).
Affirms trial judge’s conclusion that poor county road conditions made driving left-of-center necessary so that officer did not have a reasonable suspicion for stopping motorist driving on the left.
Delagrange v. State, No. 49A04-1203-CR-144, __ N.E.2d __ (Ind. Ct. App., Jan. 25, 2013).
Reverses child exploitation convictions in part because “[t]he State presented no evidence the victims exhibited their genitals [footnote omitted] or intended to satisfy anyone’s sexual desire.”
Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.