CHINS fact-finding hearing and dispositional hearings were properly continued for good cause pursuant to Trial Rule 53.5.
Gliva v. State, No. 21A-CR-332, __ N.E.3d __ (Ind. Ct. App., Oct. 7, 2021).
The unaware prong of the sexual battery statute — Ind. Code § 35-42-4-8(a)(2) — applies when the victim lacks knowledge or acquaintance of the touching or is unconscious of the touching as the touching is occurring. Unawareness that the touching is going to occur alone does not satisfy the provision.
In re Termination of Parent-Child Relationship of I.L., No. 21A-JT-418, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2021).
Remote proceedings for a termination of parental rights hearing did not deprive mother of her due process rights.
Miller v. Patel, No. 21S-CT-455, __ N.E.3d __ (Ind., Oct. 7, 2021).
Emergency Medical Treatment and Labor Act’s statute of limitations does not preempt an amendment under Trial Rule 15(C).
Rotert v. Stiles, No. 21S-TR-452, __ N.E.3d __ (Ind., Oct. 8, 2021).
Statutory prohibition against restraints on marriage applies only to a devise to a spouse by will and not to other dispositions, like a trust.