Moore v. State, __ N.E.2d __ (Ind. Ct. App., Oct. 21, 2010)

A woman who was asleep in the passenger seat of her car, which her friend was driving, did not thereby commit the public intoxication offense.

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J.B. v. E.B., 34A04-1002-DR-110, __ N.E.2d __ (Ind. Ct. App., Oct. 20, 2010)

J.B. v. E.B. (Ind. Ct. App., Vaidik, J.)-Child custody modification proceeding based on report the son had touched his sister inappropriately was not subject to the counselor/client privilege, so that records of son’s counseling were admissible.

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State v. Lucas, No. 91A05-1003-CR-247, __ N.E.2d __ (Ind. Ct. App., Sept. 30, 2010)

Portable breath test mouthpiece is not a foreign substance which would invalid a subsequent Datamaster blood alcohol content test.

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Kalwitz v. Kalwitz, No. 46A03-0912-CV-574, __ N.E.2d __ (Ind. Ct. App., Sept. 20, 2010)

As all small claims defenses are deemed at issue without a responsive pleading, a litigant wanting an “automatic” small claims change of judge must request it within 30 days of the date the case is placed on the CCS as having been filed.

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Regalado v. Eastate of Regalado, No. 64A05-0911-CV-672, ___ N.E.2d ___ (Ind. Ct. App., Aug. 27, 2010)

Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.

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