Eliminating all overnights amounts to a restriction on parenting time.
Schaefer v. State, No. 24A-CR-1387, __N.E.3d __ (Ind. Ct. App., Apr. 11, 2025).
A trial court possesses the authority to instruct the jury on the penal consequences of a not responsible by reason of insanity verdict, and a guilty but mentally ill verdict, on its own accord to instruct on what it perceives to be a confused jury.
Jones v. State, No. 24A-CR-1102, __N.E.3d __ (Ind. Ct. App., Apr. 14, 2025).
The right to counsel under Article 1, Section 13 attaches at the point of arrest by an Indiana official.
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
Nardi v. King, No. 25S-PL-64, __ N.E.3d __ (Ind., March 18, 2025).
The trial court did not abuse its discretion in finding plaintiff “substantially” prevailed in his APRA suit by obtaining a wrongfully withheld public record, even though he received only a portion of all requested records. A plaintiff who has substantially prevailed can recover attorney’s fees for time spent on unsuccessful claims if it is indivisible from the time spent on the successful claim.