A trial court will not be found to have abused its discretion in setting aside a default judgment “so long as there exists even slight evidence of excusable neglect.” Because of this deferential standard of review, the trial court’s decision to set aside default judgment was upheld.
W.M. v. H.T., No. 20A-AD-403, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2020).
In an adoption, the trial court must make specific findings as required by Ind. Code § 31-19-9-8(a) if it finds that the father’s consent is not needed.
Knight v. State, 20A-CR-268, __ N.E.3d __ (Ind. Ct. App., Sep. 15, 2020).
The imposition of community service, as a term of probation, is beyond the trial court’s discretion where the condition is not specified in the plea agreement and where the plea agreement contains language that limits the trial court’s discretion to impose such a condition.
D.P. v. State, State v. N.B., No. 20S-JV-443, __ N.E.3d __ (Ind. Sep. 8, 2020).
A juvenile court does not have subject matter jurisdiction to waive an alleged delinquent offender into adult criminal court if the individual is no longer a “child.”
Humphrey v. Tuck, No. 20S-CT-548, __ N.E.3d __ (Ind., Sept. 8, 2020).
Trial court did not abuse its discretion in giving the failure-to-mitigate instruction; only a scintilla of evidence is necessary to support the giving of the instruction.