Defendant was properly tried in absentia after he refused to leave his cell for trial, when evidence indicated he had been ill due to his hunger strike but was better on the date of trial. Defendant was also properly denied additional continuances near trial and properly required to represent himself, after the court had granted one continuance for defendant’s counsel of choice to obtain admission in Indiana pro hac vice but counsel then submitted two defective requests for admission. Defendant was charged with two counts of criminal nonsupport, one for each of his children, but as there was only a single support order for support in gross, he could be convicted only a a single count of failure to support.
T. Crone
In re M.F., No. 21A04-1002-JP-84, ___ N.E.2d ____ (Ind. Ct. App., Dec. 27, 2010)
Sperm Donor Agreements may be valid if they meet criteria beyond the traditional elements of a contract; a physician must be involved in the insemination and the written instrument memorializing the arrangement must be sufficiently thorough and formalized. When parties enter into a facially valid donor agreement contract, the party seeking to avoid the contract has the burden of proof on matters of avoidance.
Owens v. State, No. 29A02-1002-CR-390, __ N.E.2d __ (Ind. Ct. App., Nov. 23, 2010)
Policeman’s testimony that defendant had not called him, after the officer left his card on defendant’s door with a note asking defendant to call, did not violate defendant’s Fifth Amendment right.
LaPorte Community School Corp. v. Rosales, No. 46A04-1001-CT-4, __ N.E.2d ___ (Ind. Ct. App., Oct. 27, 2010)
Negligence instruction on factual propositions plaintiff had to prove reversibly suggested defendant could be negligent without breaching duty of reasonable care, notwithstanding another instruction on the reasonable care element.
Branham v. Varble, No. 62A04-1004-SC-256, __ N.E.2d __ (Ind. Ct. App., Oct. 28, 2010)
Small claims proceeding supplemental order to pay $50 per month was based on a proper determination of ability to pay, but order for debtor to make five job applications per week was an abuse of discretion.