A juvenile may not be required to pay the costs of their secure detention. Moreover, before imposing costs of secure detention upon a parent, a court must inquire into the parent’s ability to pay; if the parent has the ability to pay, the trial court shall follow the applicable requirements related to the Child Support Rules and Guidelines.
Freeman v. Timberland Home Center, Inc., No. 19A-CC-1889, __ N.E.3d __ (Ind. Ct. App., April 29, 2020).
Preferred venue status of a county is determined when an action is commenced by the filing of a complaint; if the county where the complaint was filed is a preferred venue, transfer to another county based on venue is improper even if a third-party is later joined.
Jacob v. Vigh, No. 19A-CT-2719, __ N.E.3d __ (Ind. Ct. App., April 27, 2020).
A trial court has jurisdiction over a complaint that includes allegations that an attorney violated canons of the Rules of Professional Conduct when the complaint also alleges other claims such as fraud, breach of contract, and breach of fiduciary duty, and legal malpractice.
Brown v. State, No. 19A-CR-2125, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2020).
A trial court may take judicial notice that the defendant signed pleadings, and a rebuttable presumption arises which requires the defendant to come forward with any evidence to dispute the presumption.
Warren v. State, No. 19A-PC-1604, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2020).
While there is not always a reasonable probability that the result of a proceeding would be different, failure of trial counsel to thoroughly investigate evidence of an alternative suspect is deficient performance.