Reminder to trial-level DCS attorneys and trial courts that they have a duty to ensure that parents’ due-process rights in termination cases are not violated.
N. Vaidik
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
Yeager v. State, No. 20A-CR-121, __ N.E.3d __ (Ind. Ct. App., May 5, 2020).
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.
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.