David, J. In Indiana, civil forfeiture actions typically proceed under one of two statutes: the general forfeiture statute or the racketeering forfeiture statute. Today, we consider whether the racketeering forfeiture statute permits a court to release, to the defendant, funds seized in a forfeiture action so the defendant can hire counsel in that same action. […]
PNC Bank, N.A. v, Page, No. 21A-MF-1974, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
The orders issued during COVID-19 pausing the accrual of interest did not suspend the automatic accrual of non-discretionary interest provided by the terms of a private loan instrument and as permitted by statute.
State v. Pemberton, No. 21A-CR-668, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
Absent specific exceptions outlined by our legislature in other statutes, acts that would be criminal offenses if committed by adults are defined by Indiana law as delinquent acts when committed by individuals under age eighteen, and Indiana law gives exclusive jurisdiction of delinquency proceedings to juvenile courts.
Cruz v. Cruz, No. 21A-DN-1954, __ N.E.3d __ (Ind. Ct. App., April 4, 2022).
Annulment and dissolution of marriage are separate causes of action; the trial court erred in finding an annulment petition was a mere amendment of the dissolution petition.
Conley v. State, No. 21S-PC-256, __ N.E.3d __ (Ind., March 23, 2022).
Seventeen-year-old petitioner did not receive ineffective assistance of counsel because of trial counsel’s failure to present evidence of defendant’s age and juvenile brain development.