The Court adopts a balancing approach to resolve the custody of frozen pre-embryos that looks at: (1) the intended use of the pre-embryos by the party seeking to preserve them; (2) the reasonable ability of the party seeking implantation to have children through other means; (3) the parties’ original reasons for undergoing IVF, which may favor preservation over disposition; (4) the potential burden on the party seeking to avoid becoming a genetic parent; (5) either party’s bad faith attempt to use the pre-embryos as leverage in the dissolution proceeding; and (6) other considerations relevant to the parties’ unique situation.
Appeals
Kelly v. State, No. 23A-CR-1805, __ N.E.3d __ (Ind. Ct. App., Jan. 10, 2024).
A trial court has discretion to deny a defendant’s motion to replace counsel during or immediately before trial.
Stone v. State, No. 23A-CR-625, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2024).
Convictions based on the same subsection of the rape statute that are mutually exclusive criminal acts — forcible sexual intercourse and forcible other sexual conduct — do not violate double jeopardy.
Hoback v. State, No. 23A-CR-411, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Pursuant to C.R. 4, when docket entries are absent or missing regarding the reason for a delay, the delay is not chargeable to the defendant.
Murphy v. Cook, No. 23A-SC-1614, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Courts should be mindful of the provisions and requirements of T.R. 64(A) with respect to issuing a body attachment, including the provision that body attachments expire 180 days after issuance and the expiration date must appear on the face of the writ.