Mother’s consent was necessary to grant the adoption because (1) although Mother failed to have significant communication with Child for a period of more than one year, her willingness to shield her son from the adverse effects of her addiction, coupled with her good-faith attempt at recovery and noticeable progress, constitute justifiable cause for her failure to communicate. (2) Father and Stepmother thwarted whatever occasional attempts Mother made to communicate with Child, in violation of the agreed-upon custody modification order.
S. David
Kempf v. Clerk of Vanderburgh Cnty., No. 82S01-1705-PL-334,__ N.E.3d __ (Ind., March 26, 2018).
A civil-judgment-creditor can garnish a cash bond held by a court clerk that a judgment-debtor has posted in an unrelated criminal matter, but those funds are available to the judgment-creditor only if the criminal court has ordered the bond released.
L.G v. S.L., No. 18S-AD-32, __ N.E.3d __ (Ind., Jan. 19, 2018).
A trial court judge is not required to recuse from a case solely because counsel for one of the parties served as a professional reference.
Esserman v. Ind. Dep't of Envtl. Mgmt., No. 49S02-1704-PL-00189, __ N.E.3d __ (Ind., Nov. 2, 2017).
Indiana has not abrogated common-law sovereign immunity for non-tort claims premised on the violation of a statute.
Shepard v. State, 84S01-1704-CR-00190, __ N.E.3d __ (Ind., Oct. 20, 2017).
Community corrections directors have no authority to deprive an individual of earned good time credit without specific delegation of that power from Department of Correction, which they have not given.