When a trial court orders parenting time in a guardianship case, it cannot allow the guardian to determine the parent’s parenting time with their child.
N. Vaidik
In re Adoption of C.A.H., No. 19A-AD-240, __ N.E.3d __ (Ind. Ct. App., July 30, 2019).
Father’s consent to adoption was irrevocably implied pursuant to Ind. Code § 31-19-10-1.2(g) because father failed to appear for the final hearing.
Rivera v. State, No. 18A-CR-2862, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
Where there are no intervening proceedings between the reading of the preliminary instructions and the jury being excused for lunch, trial courts are not required to repeat the
admonishment required by I.C. 35-27-2-4(a). Jury instructions are considered as a whole and in reference to each other when deciding whether an instructional error amounts to fundamental error.
Spencer v. State, No. 18A-CR-2878, __ N.E.3d __ (Ind. Ct. App., May 28, 2019).
The trial court properly declined to give defendant’s proposed jury instruction on force, which emphasized particular factual scenarios minimizing other potentially relevant evidence. Trial courts should use the pattern jury instruction on resisting law enforcement by fleeing at 1 Ind. Pattern Jury Instructions—Criminal 5.3000 (4th ed. 2019).
Siebenaler v. State, No. 18A-CR-1381, __ N.E.3d __ (Ind. Ct. App., April 26, 2019).
Court affirmed defendant’s convictions of child pornography and child exploitation where the images depicted sexual conduct, but reversed convictions where mere nudity was involved.