Neither APRA, nor Title 9, authorizes a fee to inspect an accident report.
J.B. v. State, No. 22A-JV-612, __ N.E.3d __ (Ind. Ct. App., Feb. 20, 2023).
Where a videotaped interview of a child victim is entered into evidence erroneously because it did not meet the cited exceptions to the rule against hearsay, where the defendant had no right to confront the child victim, and where the record contains no other evidence of the elements of the alleged delinquent act, the admission of the videotaped interview constitutes fundamental error.
Johnson v. Housing Auth. Of South Bend, No. 22A-EV-1751, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2023).
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.