Ind. Code § 35-40-5-11.5, the child sex-offense deposition statute, is both constitutionally sound and substantive in nature, and therefore, the Indiana Trial Rules cannot abrogate or modify the statute.
State v. Neukam, No. 21S-CR-567, __ N.E.3d __ (Ind., June 23, 2022).
Slaughter, J. In 2020, we held juvenile courts lose jurisdiction once an alleged delinquent child reaches twenty-one years of age. But we left open the question whether the State can file criminal charges against a person who committed the charged conduct before turning eighteen but is no longer a child under the juvenile code. Under […]
Dunigan v. State, No. 21A-CT-2939, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The trial court properly dismissed the complaint of an abusive litigant; the appellate court imposes sanctions on the litigant for his abuse of judicial resources.
BFD Enterprises, LLC v. Koepnick, No. 21A-CT-1931, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The principal of comity supports dismissing Indiana lawsuit when one is pending in another state, even though the Indiana lawsuit was filed days before the other lawsuit, the other court acquired jurisdiction over the parties before the Indiana court and the other lawsuit is further along in the litigation process.
Mastellone v. Young Men’s Christian Assoc. of Greater Indianapolis, No. 21A-CT-1720, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
After entering judgment, pursuant to Trial Rule 59, a trial court cannot set aside the judgment without stating specific reasons.