Indiana Rule of Evidence 412(b)(1)(A) only allows evidence of other sexual behavior that—itself—could have produced some physical evidence that is presented in the case.
In re Paternity of J.G., No. 19A-JP-2429, __ N.E.3d __ (Ind. Ct. App., June 4, 2020).
Even though husband was presumed to be child’s father, his paternity had not been established so the prosecuting attorney was authorized to file a paternity petition.
Wine v. State, No. 19A-PC-2268, __ N.E.3d __ (Ind. Ct. App., May 27, 2020).
The post-conviction rules apply to criminal contempt adjudications.
River Ridge Dev. Authority v. Outfront Media, LLC, No. 19S-PL-645, __ N.E.3d __ (Ind., May 29, 2020).
“The common-law obdurate behavior exception and the General Recovery Rule cannot authorize a trial court to award attorney’s fees when a party voluntarily dismisses its suit with prejudice. But a court can, at any point in litigation, exercise its inherent authority to sanction a party’s bad behavior by shifting fees.”
In re Termination of Tre.S, No. 19A-JT-2915, __ N.E.3d __ (Ind. Ct. App., May 27, 2020).
Reminder to trial-level DCS attorneys and trial courts that they have a duty to ensure that parents’ due-process rights in termination cases are not violated.