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| Bowles v. State, No. 49A04-0605-CR-238,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Although an officer lacked reasonable suspicion to search defendant's garbage because a tip was stale and had not been corroborated, the exclusionary rule applied. There was no evidence that the officer had acted with disregard of defendant's constitutional rights when he searched the garbage, then obtained a search warrant.
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| Eden v. Johnson County Dep't of Child Servs. (In re Kay.L.), No. 41A01-0610-JV-450,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Evidence that the mother continued to test positive for marijuana and cocaine, admitted to drinking a six-pack every other day, admittedly left the children under the supervision of unauthorized adults, and had no plans for employment following her release from prison was sufficient termination of her parental rights under Ind. Code § 31-35-2-4.
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| In re M.K. v. Porter County Office of Family & Children, No. 64A03-0701-JV-36,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: It was error to deny a mother's motion to terminate the guardianship of her children. There was no indication that the mother, who had suffered from depression and substance abuse, was unfit at the time of the hearing, and there was no compelling interest of the children that would be best served by their remaining with their aunt and uncle.
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| In re Stephens, No. 45S00-0505-DI-244,
SUPREME COURT OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Because the court found the attorney violated Ind. R. Prof. Conduct 1.5(a) and 1.8(a), the public reprimand stood. However, the employment of the sliding scale fee arrangement to yield a contingent fee in the 32-35 percent range was not unreasonable in all medical malpractice cases.
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| Ind. Surgical Specialists v. Griffin, No. 02A03-0608-CV-370,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: The trial court erred in holding that payments for a judgment debtor's personal services could not be garnished because the debtor was an independent contractor. The periodic payments to the debtor were earnings that could be garnished under Ind. Code §§ 24-4.5-5-105 and 24-4.5-1-301(9).
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| Lucas v. C.F.K. (In re Adoption of J.D.B.), No. 49A04-0701-CV-1,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Father's consent to adoption was not needed since father failed to prove, by clear and convincing evidence, child was not conceived as result of sexual misconduct; fact that 29-year-old man and 14-year-old girl had sex and conceived child supported inference he intended and/or knew he was engaging in sexual intercourse and did not sleep through it.
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| Rowe v. State, No. 75A05-0607-CR-384,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Omission of age from information was not fundamental error since a jury instruction informed jury of age requirement and jury's observation of defendant and 19-year-old daughter permitted inference she was over age 21. Evidence of presence of metabolite in defendant's blood when she operated ATV supported convictions under Ind. Code 9-30-5-5(b).
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| Von Hor v. Doe, No. 82A01-0606-CV-270,
COURT OF APPEALS OF INDIANA, May 31, 2007, Decided , May 31, 2007, Filed
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Overview: Because interpreting hit-and-run provisions in auto insurance policies to not provide coverage for miss-and-run accidents did not violate Ind. Code § 27-7-5-2, an insured could not recover against the insurer when the policy required physical contact. The legislature had chosen not to amend the Uninsured Motorist Act to require such coverage.
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