Evidence required court to have instructed on defendant’s right to reasonably resist officer’s unlawful entry into defendant’s home.
P. Mathias
Killebrew v. State, No. 49A05-0905-CR-246, __ N.E.2d __ (Ind. Ct. App., Apr. 6, 2010)
Defendant established prosecutor’s neutral explanations for peremptory strike were pretextual and hence violated Batson rule when white jurors were not struck after giving answers the same as struck African-American’s and trial judge made no finding on prosecutor’s assertion about struck juror’s “emphatic” demeanor.
A.K. v. Indiana Dep't of Child Services, St. Joseph County, No. 71A05-0905-JV-261, __ N.E.2D __ (Ind. Ct. App., Mar. 31, 2010)
Findings of fact and conclusions of law are required for termination of parental rights decisions.
A.M.B. v. Indiana Department of Child Services, No. 45A03-0910-JV-476, __ N.E.2d __ (Ind. Ct. App., Mar. 12, 2010)
When final involuntary termination hearing was virtually concluded by the time mother arrived, court denied due process when it finished without allowing mother to testify.
Davis v. State, No. 49A04-0907-CR-379, __ N.E.2d __ (Ind. Ct. App., Nov. 17, 2009)
When probationer admitted only his arrest for new offense but not of probable cause, and State did not present the probable cause affidavit or any other evidence of the new offense, revocation of probation violated probationer’s due process rights.