Small claims court deprived defendant of her due process rights when it refused to hear her defenses. Parties, represented or not, must not be expected to insist on being given the protections to which they are guaranteed and should automatically receive.
R.M. v. Ind. Dept. of Child Svcs., No. 22A-XP-1661, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2023).
The trial court did not abuse its discretion when it denied petitioner’s request to expunge DCS’s substantiated reports about her because she did not show those records had insufficient current probative value to justify their retention by DCS for future reference. Petitioner currently lives with a child and is in college with her future field of work unknown.
Knowles v. State, No. 22A-CR-2133, __ N.E.3d __ (Ind. Ct. App., Feb. 7, 2023).
Failure to participate in the completion of a presentence investigation report may be punishable by indirect, rather than direct contempt.
Eminger v. State, No. 22A-CR-1077, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2023).
Any issue which was raised by, or could have been raised by, a timely motion to correct error and timely direct appeal may not be subject of motion for relief from judgment.
Wormgoor v. State Farm Mut. Auto Ins. Co., No. 21A-CT-2612, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2023).
A trial court has the discretion to award prejudgment interest upon a jury verdict, even when that amount exceeds a final judgment stipulated to by the parties.