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Case Clips

Published by the Indiana Office of Court Services

Cole v. Cole, No. 21A-MI-2415, __ N.E.3d __ (Ind. Ct. App., April 28, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, P. Mathias

Under the Hague Convention, interests of children in matters relating to their custody are best served when decisions are made in the child’s country of habitual residence. Determination of a child’s habitual residence is fact-intensive and varies with the circumstances of each case.

B.M. v. A.J, No. 21A-PO-2290, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, E. Brown

Trial court judge’s statements throughout protection order hearing demonstrate that judge failed to preside over the hearing as a neutral, impartial decision maker and violated defendants’ due process rights.

Legacy Builders Ind., Inc. v. Crocker No. 21A-CT-2255, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, E. Tavitas

Trial court lacked personal jurisdiction over defendants because plaintiff failed to serve a summons with the complaint.

In re change of gender of O.J.G.S., No. 21A-MI-2096, __ N.E.3d __ (Ind. Ct. App., May 2, 2022).

May 2, 2022 Filed Under: Civil Tagged With: Appeals, M. Bailey, P. Mathias, R. Altice

Ind. Code § 16-37-2-10 does not grant courts the authority to order a change of gender marker on a birth certificate.

Davis v. State, No. 21A-CR-2089, __ N.E.3d __ (Ind. Ct. App., May 2, 2022).

May 2, 2022 Filed Under: Criminal Tagged With: Appeals, E. Najam

Although Indiana Rule of Evidence 404(b) cases typically involve the issue of whether prior bad acts of the defendant are admissible, Rule 404(b) does not prohibit application to subsequent acts.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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