Trial court properly denied motion to dismiss murder and attempted feticide charges based on defendant’s having ingested rat poison to commit suicide and cause death of her third trimester fetus, which allegedly died a few days after birth from hemorrhage allegedly caused by the rat poison.
M. May
Castillo-Aguilar v. State, No. 20A04-1003-CR-195, __ N.E.2d __ (Ind. Ct. App., Jan. 20, 2012).
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.
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.