Split COA: Prosecutor can file for paternity at putative father’s request

A divided panel of the Indiana Court of Appeals has reversed the dismissal of an alleged father’s time-barred petition seeking to establish paternity of a child. The majority held a prosecutor is authorized to pursue such a request outside the general two-year statute of limitations. A dissenting judge, however, warned the holding “makes a mockery” of the two-year statute of limitations in paternity cases.

Read More

Rush, David dissent in denial of appeal after joint mistrial request rejected

A man’s conviction in a domestic battery case after both defense and prosecution asked for a mistrial because a relative of the defendant communicated with a juror outside court will stand after the Indiana Supreme Court in a 3-2 decision chose not to hear the appeal. Chief Justice Loretta Rush and Justice Steven David published a dissent, believing the defendant had been prejudiced and was entitled to a new trial.

Read More

Res judicata clarification allows CHINS finding to stand

In granting a petition on rehearing, the Indiana Court of Appeals reversed its earlier ruling and allowed the Department of Child Services to move forward with a new child in need of services petition even though the filing relied on allegations made in a previous CHINS petition that had been overturned.

Read More