Trial court sentence of three years’ incarceration for one count of child solicitation was not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
Supreme
D.A. v. State, No. 48S02-1604-MI-183, __ N.E.3d __ (Ind., Sept. 1, 2016).
“Under the plain language of Indiana Code section 35-38-9-4, civil forfeitures are not included within the “conviction records” that may be expunged.”
Burnell v. State, No. 29S02-1512-CR-707, __ N.E.3d __ (Ind., Aug. 23, 2016).
A refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test.
Day v. State, No. 24C02-1501-CM-70, __ N.E.3d __ (Ind., Aug. 29, 2016).
Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
In re R.S., No. 49S04-1606-JT-350, __ N.E.3d __ (Ind., Aug. 16, 2016).
Given the loving bond parent and child share, parent’s successful completion of multiple self-improvement and parenting courses, parent’s successful completion of probation, parent’s repeatedly expressed desire to parent child, and his exercise of regular visitation with child, the trial court’s findings do not clearly and convincingly support its conclusion that termination of parental rights is in the best interests of the child.