Trial court erred in imposing a clear-and-convincing-evidence standard with respect to Mother’s motion to modify and terminate Father’s parenting time.
T. Crone
Paloutzian v. Taggart, No. 49A02-0908-CV-817, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2010)
The 2003 amendment to Ind. Code § 30-4-2.1-2, which abrogated the stranger to the adoption rule, applies retroactively to a trust created in 1953 before the settlor’s son adopted two children.
Donald v. State, No. 23A04-0912-CR-685, __ N.E.2d __ (Ind. Ct. App., July 22, 2010)
Due Process requires that a probationer be competent at his probation revocation hearing.
In re Subpoena to Crisis Connection, Inc., No. 19A05-0910-CR-602, __ N.E.2d __ (Ind. Ct. App., July 15, 2010)
Victim-advocate privilege may be limited by defendant’s constitutional rights, with a three-step test (particularity, relevance, no “paramount interest”) to be met by the defense before there will be an in camera review to determine what victim-advocate communications are to be disclosed.
City of Greenwood v. Town of Bargersville, No. 41A05-0912-CV-684, ___ N.E.2d ___ (Ind. Ct. App., July 15, 2010)
(1) City had standing to bring declaratory judgment action regarding the validity of Town’s annexation of territory within three miles of City; (2) landowners’ agreements that waived their “rights to object, remonstrate or appeal against [the] annexation,” did not constitute consent to the annexation.