The Governor is not procedurally barred from seeking declaratory relief on the constitutionality of HEA-1123; the Court holds HEA-1123 is unconstitutional.
Civil
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.
Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).
Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.
Israel v. Israel, No. 21A-DC-1063, __ N.E.3d __ (Ind. Ct. App., May 16, 2022).
Non-disparagement clause in divorce decree amounted to an unconstitutional prior restraint on speech because it forbade the parties from making disparaging remarks about the other when outside the presence of the child.