Juvenile court erred when it failed to dismiss those claims made by DCS in its 2018 CHINS petition which had already been litigated or which could have been litigated in the 2017 CHINS.
Civil
In re L.S., No. 18A-JT-2881, __ N.E.3d __ (Ind. Ct. App., May 21, 2019).
Drug test results do not fall under the business records exception to the rule against hearsay.
Lewis v. Putnam Cnty. Sheriff’s Dept., No. 18A-MI-1869, __ N.E.3d __ (Ind. Ct. App., May 23, 2019).
State was ordered to immediately reimburse money taken by civil forfeiture when the cash was prematurely turned over to the federal government and there was no evidence that a crime occurred.
In re Mandate for Lake Superior Ct. v Pera, No. 18S-CB-442, __ N.E.3d __ (Ind., May 16, 2019).
Substantial evidence supports the $176,467.17 award to the judges for attorney’s fees and expenses for their mandate action.
In re Termination of Parent-Child Relationship of S.K., No. 18A-JT-2200, __ N.E.3d __ (Ind. Ct. App., May 13, 2019).
Children’s statements made to therapist regarding whether the children were aware that father killed their mother and whether they understood that they could visit Father were not admissible hearsay under the medical diagnosis exception because children likely did not understand that they were making statements to the therapist for the purpose of diagnosis or treatment.