When a juvenile court fails to enter the requisite findings of fact in its dispositional order, an appellate court should neither affirm nor reverse. Instead, the proper remedy is to remand the case under Ind. App. R. 66(C)(8) while holding the appeal in abeyance.
Safeco Ins. Co. v. Blue Sky Innovation Group, Inc., No. 23S-CT-272, __ N.E.3d __ (Ind. Ct. App., Apr. 2, 2024).
Trial court properly dismissed a third-party spoliation claim when there was no special relationship between the parties to create a duty to preserve the evidence.
Individual Members of the Medical Licensing Bd. of Ind.. v. Anonymous Plaintiff 1, No. 22A-PL-2938, __ N.E.3d __ (Ind. Ct. App., Apr. 4, 2024).
Recognizes the doctrine of associational standing and affirms the trial court’s finding that plaintiffs are entitled to a preliminary injunction regarding the abortion law, but remands for a more narrowly tailored injunction.
Rose v. State, No. 23A-CR-2139, __N.E.3d __ (Ind. Ct. App., Apr. 8, 2024).
A sex or violent offender must register, among other things, their username for any social networking web site. A website is a social networking web site if, among other things, it provides a member with the opportunity to communicate with another person. This element does not require the website to have a built-in messaging or chat function so long as it provides some way for a member to contact another person.
Hogg v. State, No. 23A-CR-525, __ N.E.3d __ (Ind. Ct. App., Apr. 1, 2024).
Unless there is new evidence or information discovered to warrant additional charges, the potential for prosecutorial vindictiveness is too great for courts to allow the State to bring additional charges against a defendant after that defendant exercises their right to a fair trial by moving for a mistrial.