When Mother had some income but by agreement had no support obligation, and provided the child with housing, food, and other necessities, there was a failure to prove by clear and convincing evidence Mother’s consent was not required for adoption.
P. Riley
Lewis v. State, No. 49A02-0908-CR-736, __ N.E.2d __ (Ind. Ct. App., July 27, 2010)
Plurality opinion holds that officer’s incursions into auto passenger compartment, after driver had been arrested outside the vehicle, violated 4th Amendment and Indiana Constitution Art. I Sec. 11.
McCabe v. Commissioner, Ind. Dep’t of Ins., 49A02-0908-CV-728, ___ N.E.2d ___ (Ind. Ct. App., July 20, 2010)
Attorney fees and expenses incurred by the personal representative’s attorney are not recoverable damages under the Adult Wrongful Death Statute.
Chapo v. Jefferson County Plan Com'n, No. 39A01-0908-CV-408, ___ N.E.2d ___ (Ind. Ct. App., May 5, 2010)
(1) Trial court did not abuse its discretion in denying defendants’ motion for “travel, postage, and copying” costs under Trial Rule 41(E) (failure to prosecute); (2) because defendants were forced to defend against a frivolous and groundless claim, however, trial court did abuse its discretion in denying defendants’ motion for attorney’s fees pursuant to Ind. Code § 34-52-1-1(b).
Lehman v. State, No. 35A05-0909-CR-513, __ N.E.2d __ (Ind. Ct. App., Apr. 13, 2010)
Confidential informant’s taped statements as to what occurred in controlled buy were hearsay and were inadmissible as well under the Crawford Confrontation Clause rule; informant’s statements during the buy were not admitted for the truth of their content and hence were not hearsay.