Articles

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.

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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.

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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.

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COA upholds seizure of pot dealer’s cash, but not truck

The Rush County prosecutor will be allowed to keep $22,907 in cash seized from a local marijuana dealer’s home safe that also contained his weed stash, the Indiana Court of Appeals ruled Thursday, but the state will have to return some seized property and also may have to return the man’s truck.

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COA reduces counts in armed burglary of elderly Franklin couple

A man’s burglary conviction has been reduced from a Level 1 felony after he broke into an elderly couple’s Franklin home and bound them at gunpoint before stealing weapons, money and their car. An appellate panel concluded that injury to the elderly man’s mind did not qualify as a bodily injury.

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Res judicata leads to remand of CHINS determination

Saying it was “troubled” by how the Department of Child Services chose to litigate two nearly back-to-back child welfare cases, the Indiana Court of Appeals has ordered a trial court to re-evaluate a 2018 CHINS petition without relying on facts that were available for litigation during a 2017 CHINS proceeding.

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CHINS reversal: ‘State may not intrude’ where coercion unnecessary

A father who was ordered removed from the home he shared with his wife and four children despite a clean record and no prior reports of domestic violence won a ruling in his favor Wednesday. The Indiana Court of Appeals reversed a CHINS finding and concluded, “when coercion is not necessary, the State may not intrude into a family’s life.”

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COA reverses med-mal ruling in favor of doctor, hospital

The Indiana Court of Appeals has reversed and remanded a judgement in favor of an East Chicago hospital and doctor after finding the Medical Malpractice Act did not govern a claim alleging the doctor negligently shared a patient’s health information.

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