A trial court does not have discretion to appoint an attorney to a parent under Ind. Code § 31-34-4-6; Ind. Code § 31-32-4-3 does give the court discretion to appoint an attorney for a parent who fails to meet the statutory requirements for being indigent but for whom appointed counsel might still be appropriate.
S. David
State v. Coats, No. 49S02-1305-CR-328, __ N.E.2d __ (Ind., Feb. 18, 2014).
A trial court has no discretion “to refuse to order commitment to the DMHA where it concludes that a defendant found not competent to stand trial can never be returned to competency.”
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”
Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., No. 49S04-1301-PL-00008, __ N.E.2d __ (Ind., Feb. 6, 2014)
A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.
Walker v. State, No. 49S02-1312-CR-804, __ N.E.2d __ (Ind., Dec. 12, 2013).
Reviews caselaw on resisting law enforcement offense and affirms conviction when defendant “refused repeated orders to lay down on the ground and advanced aggressively, with his fists clenched, to within a few feet of the police officer issuing the orders before ultimately being tased.”