Where a defendant preserves their right to a jury trial, failure to object to a subsequently scheduled bench trial is insufficient to constitute waiver.
In re Z.H., No. 23A-JC-1120, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2023).
The filing of a motion to dismiss does not mandate dismissal of a CHINS case; the decision rests in the trial court’s discretion. Trial courts should review the reasons proffered in support of dismissal in light of the evidence and allegations and then determine whether dismissal is in the child’s best interests.
In re Adoption of E.S.J., No. 23A-AD-1161, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2023).
Ind. Code 31-19-2-2, regarding adoptions, is a special venue statute to which T.R. 75(A)(8) applies. Preferred venue lies in any county where the petition is to be filed under the statute.
Noblesville Ind. Bd. of Zoning Appeals v. FMG Indianapolis, LLC, No. 23S-PL-114, __ N.E.3d __ (Ind., Sept. 25, 2023).
An ambiguous word in a city ordinance is a question of law, which the Court reviews de novo.
Plato v. State, No. 23A-PC-452, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2023).
A search warrant which authorizes law enforcement to search for “paperwork” related to a suspected crime, may include seizure of a computer.