Change in visitation to seven nights every two weeks was a de facto change of custody subject to the statutes on custody modification. When considering changing a decree for joint legal custody, the court must consider the joint legal custody factors in IC 31-17-2-15 in addition to the standard factors in IC 31-17-2-8.
N. Vaidik
Runyon v. State, No. 57A04-0910-CR-575, __ N.E.2d __ (Ind. Ct. App., Mar. 11, 2010)
When a person convicted of nonsupport of a dependent must pay support as a condition of probation, he has the burden to prove he was unable to pay at a revocation for having failed to make the support payments.
Allied Property & Cas. Ins. Co. v. Good, No. 85A04-0902-CV-89, ___ N.E.2d ___ (Ind. Ct. App., Dec. 31, 2009)
If a trial court finds that an attorney or party caused a mistrial by egregiously violating an order in limine, the trial court has the inherent power to sanction him or her.
Lainhart v. State, No. 24A01-0904-CR-184, __ N.E.2d __ (Ind. Ct. App., Nov. 23, 2009
Testifying defendant may be impeached with his failure to explain his innocence to the police after he is charged but prior to his receiving Miranda warnings, under the Miranda-based Doyle v. Ohio decisions; Indiana’s law does not offer more protection than the federal Doyle cases.
Lindsey v. State, No. 29A02-0902-CR-196, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2009)
Officer reasonably concluded that car approached by armed robbery suspect might have been suspect’s car and exigent circumstances justified officer’s opening vehicle door wider to check for accomplices inside.