The DCS Notice Statute (Ind. Code §31-33-18-4) does not confer a private cause of action.
Civil
White v. Szalasny, No. 21A-CC-2063, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
Indiana Security Deposit Statute does not limit a fee award to certain stages of the proceeding; a judge has discretion to award of fees relating to the fee petition.
Holcomb v. Bray, No. 21S-PL-518, __ N.E.3d __ (Ind., June 3, 2022).
The Governor is not procedurally barred from seeking declaratory relief on the constitutionality of HEA-1123; the Court holds HEA-1123 is unconstitutional.
Miller v. Patel, No. 21A-CT-2500, __ N.E.3d __ (Ind. Ct. App., May 24, 2022).
Plaintiff did not have a full and fair opportunity to litigate the issue of his criminal responsibility in the criminal case because he entered a plea agreement. It would be otherwise unfair to apply collateral estoppel to preclude plaintiff from attempting to rebut the inference of his sanity established by his plea of guilty but mentally ill.
B.A. v. D.D., No. 22A-AD-147, __ N.E.3d __ (Ind. Ct. App., May 26, 2022).
Evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father or obviate the need for his consent to an adoption.