Same-sex couple’s California registered domestic partnership established a relationship virtually identical to marriage, and under the principle of comity, their relationship is a spousal relationship. Child born by artificial insemination was a child of the spousal relationship; trial court did not err in awarding joint legal custody and parenting time and ordering partner to pay child support.
M. Robb
Harris v. State, No. 83A01-1509-CR-1311, __N.E.3D__ (Ind. Ct. App., July 27, 2016).
Defendant’s name appearing on NPLEx did not provide an independent basis of reasonable suspicion that would justify further investigation after a seat belt enforcement stop.
Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).
“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”
In re F.S., No. 13A01-1505-JM-363, __ N.E.3d __ (Ind. Ct. App., May 12, 2016).
DCS is not required to conduct an interview with a child as part of its assessment, but the trial court may issue such an order if the parent does not consent and DCS shows good cause on the record supporting its request for an interview.
Meunier-Short v. State, No. 32A01-1507-CR-96, ___ N.E.3d ___ (Ind. Ct. App., April 14, 2016).
Trial court was not required to conduct indigency hearing before assessing fines, costs, and fees as condition of probation, but it must do so at some point before completion of probation or before revoking probation for failure to pay.
Trial court lacked authority to impose substance-abuse or drug-countermeasures fees.
Trial court abused its discretion in ordering defendant to return to school and maintain “C” average while being employed full-time; statute permits either maintaining full-time employment or “faithfully pursu[ing]” a course of study to equip him for employment.