Trial court acted within its discretion to consider defendants’ motion for summary judgment after the deadline set in the case management order. The local rule on case management orders should be read in harmony with the Trial Rules.
In re Guardianship of Weber v. Weber, No. 21A-GU-2680, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2022).
After trial court granted spouse’s spousal support for Medicaid purposes, trial court properly allowed Indiana Family and Social Services Administration (FSSA) to intervene; FSSA was entitled to relief from judgment because the facts did not support spousal maintenance.
Chatman v. State, No. 22A-CR-934, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2022).
Diagnostic testimony from a medical professional based on information acquired from other professionals is inadmissible hearsay; however, the same testimony may be admissible under Evidence Rule 703, which provides: “An expert may base an opinion on facts or data in the case that the expert has been made aware of or personally observed. Experts may testify to opinions based on inadmissible evidence, provided that it is of the type reasonably relied upon by experts in the field.”
State v. Parchman, No. 21A-CR-447, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2022).
For an alleged violation of Brady v. Maryland to be meritorious, the evidence at issue must be favorable to the accused, either because the evidence is exculpatory or because it is impeaching; the evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.
Austin v. State, No. 22A-CR-1240, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2022).
Proof of the slightest penetration of the sex organ is sufficient to demonstrate a person performed other sexual misconduct with a child.