Any violation of a defendant’s right to be free from self-incrimination under the Fifth Amendment, or Article 1, Section 14 of the Indiana Constitution, does not require suppression of the physical fruits of that violation.
E.F. v. St. Vincent Hospital & Health Care Center, Inc., No. 22S-MH-194, __ N.E.3d __ (Ind., June 13, 2022).
Appellate courts have discretion to decide whether to reach the merits of an otherwise moot civil commitment case under the public-interest exception.
Ramey v. Ping, No. 21A-CT-2103, __ N.E.3d __ (Ind. Ct. App., June 13, 2022).
Under the False Reporting Statute, a person who, directly or indirectly, intentionally communicates a false report of child abuse or neglect to DCS is liable to the person accused of child abuse or neglect for their damages.
Bruder v. Seneca Mortgage Svcs., LLC, No. 22S-PL-195, __ N.E.3d __ (Ind., June 14, 2022).
The trial court’s order was not clearly erroneous and should not have been set aside by the Court of Appeals.
Blattert, Jr. v. State, No. 21A-CR-1082, __ N.E.3d __ (Ind. Ct. App., June 15, 2022).
Indiana’s Religious Freedom Restoration Act does not apply to child abuse; protecting children from physical abuse is a compelling governmental interest and prosecution is the least restrictive means of furthering that interest. To that end, Indiana offers the parental privilege as a defense to battery and similar crimes rather than completely banning the practice of corporal punishments. This accommodates religious practices which require reasonable corporal punishment.