CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.
Juvenile
In re Termination of Parent-Child Relationship of I.L., No. 21A-JT-418, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2021).
Remote proceedings for a termination of parental rights hearing did not deprive mother of her due process rights.
I.G. v. State, No. 21A-JV-479, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2021).
The odor of marijuana, by itself, is not enough to establish probable cause to arrest the occupants of a vehicle.
Harris v. State, 20S-CR-546, __ N.E.3d __ (Ind., Mar. 24, 2021).
Although Indiana Rule of Evidence 615(c) is the proper vehicle to permit a parent-witness to remain in the courtroom despite a separation-of witnesses order, the exception is not automatic; child defendants must still affirmatively show their parent’s presence is “essential.”
B.R. v. State, 20A-JV-1203, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2021).
To prove constructive possession, the State must demonstrate that the person has (1) the capability to maintain dominion and control over the item; and (2) the intent to maintain dominion and control over it.