If an arrestee does not present a substantial risk of flight or danger to themselves or others, a trial court should release the arrestee without money bail or surety subject to such restrictions to ensure appearance for trial.
N. Vaidik
R.W. v. State, No. 19A-CR-1358 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
Lack of eye-witness identification, coupled with multiple evidentiary discrepancies, may constitute insufficient evidence to sustain a conviction for robbery or attempted robbery
In re Paternity of M.S., No. 19A-JP-1595, __ N.E.3d __ (Ind. Ct. App., April 6, 2020).
The time period relevant to establishing a de facto custodianship excludes any period of time after a child custody proceeding has been commenced and while it is pending. After a child custody proceeding has been commenced and has concluded, however, the calculation of the time relevant to a de facto custodian determination is not tolled.
Furbee v. Wilson, No. 19A-PL-1756, __ N.E.3d __ (Ind. Ct. App., March 30, 2020).
Before a landlord makes a decision about a tenant’s request for an emotional-support animal, it can conduct a “meaningful review” to determine whether the accommodation is required; this review includes requesting documentation, such as information about the disability and the disability-related need for the animal, and opening a dialogue.
In re Paternity of C.B., No. 19A-JP-1618, __ N.E.3d __ (Ind. Ct. App., March 18, 2020).
An attorney cannot litigate an award of attorney fees separate and apart from the client.