The plain view exception to the warrant requirement may justify the seizure of a vehicle believed to be the fruit, instrumentality, or evidence of a crime provided that police are lawfully in a position from which to view the vehicle, its incriminating character is immediately apparent, and police have a lawful right of access to the vehicle.
Atkins v. Crawford County Clerk’s Office, No. 20A-MI-2160, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
Trial court improperly denied a motion to waive the filing fee when plaintiff filed a verified affidavit of indigency with documentation of her cash assets. If the trial court had any doubt about plaintiff’s indigency, the trial court could have waived the filing fee, and, upon a later discovery that the litigant has the means to pay, order reimbursement of the waived fee; or a trial court may hold a hearing to examine the litigant’s potential indigency.
In re Adoption of K.T., No. 20A-AD-2102, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
Sawyer v. State, 20A-CR-1446, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Indiana Code § 35-40-5-11.5, effective March 18, 2020, restricts a defendant’s ability to take the deposition of a child less than sixteen years of age who is the victim or alleged victim of a sex offense. Because the statute is procedural in nature, and because it conflicts with the Indiana Trial Rules, the Indiana Trial Rules govern and the provisions of the statute in conflict are a nullity.
Mosley v. State, 20A-CR-2094, __ N.E.3d __ (Ind. Ct. App., May 21, 2021).
A no-contact order cannot be issued to protect a deceased person and probation cannot be revoked based on violation of that void order.