Husband’s employer-paid post-retirement health insurance premiums were not a marital asset subject to division, because they were purely supplemental, meaning that they were not obtained using marital assets, and were non-elective and not subject to divestiture, division, or transfer.
T. Crone
Garcia-Torres v. State, No. 64A03-0812-CR-630, __ N.E.2d__ (Ind. Ct. App., Sept. 30, 2009)
DNA cheek swab may be taken without a warrant based on reasonable suspicion; Pirtle counsel right for a valid consent to search by a person in custody does not apply to consenting to taking of a cheek swab.
Walker v. Nelson, No. 49A05-0903-CV-138, ___ N.E.2d ___ (Ind. Ct. App., Aug. 14, 2009)
When limiting former custodial parent’s parenting time, trial court erred by not making a specific finding that visitation would endanger child’s physical health or well-being or significantly impair his emotional development.
King v. State, No. 49A04-0810-CR-609, __ N.E.2d __ (Ind. Ct. App., June 30, 2009)
Internet service provider’s business record of defendant’s internet account activity was inadmissible under Ev. Rule 803(6) when there was no verification by provider of personal information filled in by the one who established the account, leading to a “lack of trustworthiness” under the Rule.
Dowdell v. City of Jeffersonville, No. 10A04-0811-CV-676, ___ N.E.2d ___ (Ind. Ct. App., June 9, 2009)
Jeffersonville ordinance that prohibited convicted sex offenders from entering public parks was unconstitutional as applied under the prohibition on ex post facto laws in the Indiana Constitution.