Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Supreme
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”
Akard v. State, No. 79S02-1009-CR-478, __ N.E.2d __ (Ind., Dec. 9, 2010)
An appellate review increase in defendant’s sentence, while within an appellate court’s authority under Appellate Rule 7(B), is not ordered in this case, particularly since the State agreed that the sentence the trial judge imposed was appropriate.
T.R.W. Vehicle Safety Systems, Inc. v. Moore, No. 73S05-0909-CV-404, __ N.E.2d __ (Ind., Oct. 13, 2010)
Wrongful death damages for dependent child’s loss of father erroneously included period of father’s projected life span after child would be emancipated; remittitur ordered to correct error. When fault had been erroneously attributed to nonparties, retrial of the fault allocation was required.
Termination of Parent-Child Relationship of I.A., No. 62S01-1003-JV-148, __ N.E.2d __ (Ind., Oct. 5, 2010)
Evidence to terminate father’s parental rights was insufficient in this case in which the child had not been living with the father.