Some questions on police “information sheet,” purportedly used for administrative booking purposes, were investigative in nature under the circumstances of the case, and as the defendant was in custody when given the sheet to fill out the investigative questions were Miranda “interrogation” requiring Miranda warnings before defendant filled the sheet out in order for his answers to be admissible in evidence.
M. May
D.E. v. State, No. 49A02-1103-JV-319, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2011).
Counsel’s signature on delinquent’s plea agreement was sufficient to establish a proper waiver of his rights, notwithstanding absence of parental signatures.
G.N. v. IDCS (In re T.N.), No. 49A05-1101-JC-15, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
One parent’s admission is insufficient to prove a child is a CHINS when the child’s other parent contests that allegation; due process requires a fact-finding hearing before the court declares the child is a CHINS.
K.S. v. B.W., No. 22A05-1102-DR-79, ___ N.E.2d ___ (Ind. Ct. App., Sept. 28, 2011).
Ind. Code 31-9-2-35.5, defining a de facto custodian, applies only to custody proceedings after a paternity determination, actions for child custody or modification of custody, and temporary placement of a child in need of services taken into custody; it does not apply in the case of visitation rights of a boyfriend over an ex-girlfriend’s child.
Cynthia Welch v. Shawn D. Young, et al., No. 79A02-1012-CT-1407, ___ N.E.2d ___ (Ind. Ct. App., Aug. 4, 2011).
The Pfenning standard is applicable in the case of a mother hit in the knee by a youth baseball team member warming up, and to apply the Pfenning standard the Court must examine the actions of the alleged tortfeasor to determine if “the conduct of [the] participant” is within the “range of ordinary behavior of participants in the sport.”