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Case Clips

Published by the Indiana Office of Court Services

M. May

D.E. v. State, No. 49A02-1103-JV-319, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2011).

November 18, 2011 Filed Under: Juvenile Tagged With: Appeals, M. May

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).

September 29, 2011 Filed Under: Juvenile Tagged With: Appeals, M. May

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).

September 29, 2011 Filed Under: Civil Tagged With: Appeals, M. May

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).

August 5, 2011 Filed Under: Civil Tagged With: Appeals, M. May

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.”

Randolph v. Buss, No. 33A04-1010-MI-684, __ N.E.2d __ (Ind. Ct. App., July 26, 2011).

July 29, 2011 Filed Under: Criminal Tagged With: Appeals, M. May

Legislature intended that inmate’s left-over educational credit time after his release on parole would not still be available to him when his parole was revoked and he returned to prison.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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