Grandparent visitation was order was voidable, because it failed to address required findings, and was remanded to correct those defects through new findings and conclusions.
Supreme
K.W. v. State, No. 49S02-1301-JV-20, __ N.E.2d __ (Ind., Feb. 22, 2013)
Evidence was insufficient to prove element of “forcibly” resisting law enforcement; suggests legislative scrutiny of distinction between law enforcement officer and school-discipline officer for purposes of resisting law enforcement offense.
Sickels v. State, No. 20S03-1206-CR-308, __ N.E.2d __ (Ind., Feb. 22, 2013).
“[A] custodial parent may be a ‘victim’ for purposes of restitution based on a child-support arrearage even if the children have been emancipated.”
Hawkins v. State, No. 20S03-1208-CR-499, __ N.E.2d __ (Ind. Ct. App., Feb. 19, 2013).
On the facts of this case, defendant’s failure to appear at his trial in absentia did not constitute a waiver of his right to counsel. And, “a trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.”
Jennings v. State, No. 53S01-1209-CR-526, __N.E.2d __ (Ind., Feb. 20, 2013).
“[T]he combined term of imprisonment and probation for a misdemeanor may not exceed one year,” so “[w]e therefore remand this case to the trial court for imposition of a probationary period consistent with this opinion, not to exceed 335 days—the difference between one year (365 days) and the 30 days Jennings was ordered to serve in prison.”