Describes split in Court of Appeals cases as to whether suspended or other non-executed portions of a sentence count the same as incarceration portions of sentence in Appellate Rule 7(B) sentence appropriateness analysis.
Clay City Consol. Sch. Corp. v. Timberman, No. 11S04-0904-CV-134, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil
Indiana law recognizes a rebuttable presumption that children between the ages of seven and 14 are incapable of contributory negligence.
Termination of Parent-Child Rel. of M.B., No. 34S02-0904-JV-147, ___ N.E.2d ___ (Ind., Nov. 30, 2009)
December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil
Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.
Baker v. Tremco, Inc., No. 29S02-0902-CV-00065, ___ N.E.2d ___ (Ind., Dec. 3, 2009)
December 4, 2009 | Volume 36 Issue 34 | Filed Under: Civil
A constructive discharge claim may rest on involuntary resignation, but only where the cause fits within the grounds recognized by Indiana decisions on retaliatory discharge.
Lindsey v. State, No. 29A02-0902-CR-196, __ N.E.2d __ (Ind. Ct. App., Nov. 9, 2009)
November 20, 2009 | Volume 36 Issue 33 | Filed Under: Criminal
Officer reasonably concluded that car approached by armed robbery suspect might have been suspect’s car and exigent circumstances justified officer’s opening vehicle door wider to check for accomplices inside.