The trial court had the authority to order a visitation order with stepfather, even though a different court had entered an order adjudicating support, custody and parenting time with the biological father.
T. Crone
State v. Zerbe, No. 49A05-1410-MI-463, ___ N.E.3d ___ (Ind. Ct. App., May 29, 2015).
Indiana Sexual Offender Registration Act (SORA) requirement for out-of-state sex offender registrants to register in Indiana for the period required by the other jurisdiction was enacted before defendant moved to Indiana, and therefore was not unconstitutional ex post facto law.
State v. Arnold, No. 22A05-1408-CR-387, __ N.E.3d __ (Ind. Ct. App., Feb. 27, 2015).
Motion to set aside habitual offender enhancement should have been treated as a postconviction relief petition; trial court erred by vacating only the habitual enhancement, when the habitual enhancement was an integral part of the plea agreement’s disposition of charged offenses.
In re S.A., __ N.E.3d __ (Ind. Ct. App., Feb. 12, 2015).
“If multiple hearings are unavoidable, then the trial court should, if at all possible, refrain from adjudicating the child a CHINS until evidence has been heard from both parents. And if an adjudication is unavoidable before evidence has been heard from the second parent, then the trial court must give meaningful consideration to the evidence provided by the second parent in determining whether the child remains a CHINS.”
Garcia v. State, No. 49A05-1402-CR-61, __ N.E.3d __ (Ind. Ct. App., Feb. 3, 2015).
Fourth Amendment rule on search incident to arrest permitted officer to open container found on defendant’s person, but opening the container was an unreasonable search under Indiana Constitution, Article 1, Section 11.