Venue statute, Ind. Code § 23-0.5-4-12, conflicts with Trial Rule 75, so the statute is void.
Appeals
In re Guardianship of Luis, No. 18A-GU-1312, __ N.E.3d __ (Ind. Ct. App., Nov. 8, 2018).
A trial court is required to make findings on special immigrant juvenile status in accordance with 8 U.S.C. § 1101(a)(27)(J).
Bradtmiller v. State, No. 18A-CR-884, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Although defendant properly waived his right to a jury trial on the underlying charges, he did not waive his right to a jury trial on the habitual-offender enhancement because he did not personally communicate to the judge a desire to waive that right.
DeCola v. State, No. 18A-MI-732, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Petitioners seeking expungement are not entitled to a jury trial. The Indiana Code does not allow for an individual to have a school suspension expunged from his records; expungement is a remedy limited to criminal arrests and convictions.
In re Termination of Parental Rights of B.J., No. 18A-JC-1266, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Trial court has discretion to determine whether a continuance is warranted if DCS fails to provide the statutorily required notice to a parent for a termination of parental rights hearing