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)
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)
Conditioning the voluntary termination of parental rights on continuing post-adoption visitation irreconcilably conflicts with Indiana adoption law and is not permitted.
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.
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.