Ind. Code 35-38-4-2(a)(5), which permits the State to appeal “from an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution of one (1) or more counts of an information or indictment,” focuses on the effect of the trial court’s ruling: whether the ruling on the defendant’s motion prevents the State from presenting evidence necessary to prove its case.
Appeals
In re Adoption of M.J.H., No. 23A-AD-2769, __N.E.3d __ (Ind. Ct. App., June 10, 2024).
Ind. Code chapter 31-19-5, governing the putative father registry, applies where a mother does not consent to an adoption. The relevance of a mother’s execution of consent to an adoption is merely the timing for her to provide information about a putative father.
Brackenridge v. State, No. 23A-CR-2496, __N.E.3d __ (Ind. Ct. App., May 29, 2024).
To be classified as a serious violent felon, a defendant must have been convicted of a statutory listed felony. If a defendant’s qualifying felony conviction is reduced to a misdemeanor by virtue of the AMS statute, a defendant would no longer qualify as a serious violent felon.
Salmon v. Tafelski, No. 23A-CT-2173, __ N.E.3d __ (Ind. Ct. App., May 17, 2024).
Where a remedy is available and adequate under the probate code, the heir of a decedent who died intestate does not have the authority to maintain an independent claim for tortious interference with an inheritance outside the probate estate.
Campbell v. Campbell, No. 23A-CT-2178, __ N.E.3d __ (Ind. Ct. App., May 8, 2024).
While domestic violence is of general public interest, where the allegations concern private conduct by private individuals and attract no public interest on their own, the anti-SLAPP defense for a defamation claim does not apply.