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| C.J. v. Health & Hosp. Corp., No. 49A02-0506-CV-536,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: Evidence in a civil commitment proceeding that a patient, inter alia, had paranoid delusions, delusions that he was a prophet, and auditory hallucinations, that he threatened to kill himself and his family, and that he threatened staff members and hit another patient, supported finding that patient was mentally ill and a danger to others.
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| Castro v. State Office of Family & Children, No. 53A01-0507-JV-00308,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: Termination of father's parental rights was upheld as, inter alia, several factors weighed in favor of finding termination was in child's best interests: child was in need of stability and permanency, child was doing well in current placement, and there was no guarantee father would be suitable parent once released or that he would obtain custody.
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| D.B. v. State, No. 49A02-0506-JV-514,
COURT OF APPEALS OF INDIANA, SECOND DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: Evidence was sufficient to convict a juvenile of rape and child molesting, Ind. Code §§ 35-42-4-1 and 4-3; child molesting was vacated under Ind. Const. art. I, § 14 as one instance of nonconsensual sexual intercourse established elements of both crimes. Under Ind. Code § 31-37-18-6, placement of appellant in Department of Correction was proper.
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| Hepburn v. Tri-County Bank, No. 54A01-0507-CV-327,
COURT OF APPEALS OF INDIANA, FIRST DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: Dragnet clauses were valid in real estate mortgages in Indiana. Placement of a dragnet clause in a mortgage executed by a wife created an open-ended mortgage which secured future notes for loans made to the wife's husband, and guaranteed by the wife.
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| In re Garringer, Case No. 49S00-9206-DI-491,
SUPREME COURT OF INDIANA, February 13, 2006, Decided , February 13, 2006, Filed
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| Schlabach v. State, No. 20A05-0507-CR-383,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: Jury's consideration of defendant's misdemeanor summons without his knowledge was grounds for reversal and constituted an improper communication by the trial court with the jury ex parte under Ind. Code § 34-36-1-6; defendant had substantial right to be present during the trial court's response to the jury's question and violation was not harmless.
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| Stainbrook v. Low, No. 40A05-0505-CV-257,
COURT OF APPEALS OF INDIANA, FIFTH DISTRICT, February 13, 2006, Decided , February 13, 2006, Filed
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Overview: In an action against an estate for specific performance of a real estate agreement, claimant's failure to verify the petition as required by Ind. Code § 29-1-1-9 did not mean that the petition had to fail because the estate did not object until trial and the trial court properly utilized the alternative tool of verification via in-court testimony.
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