Unless there is new evidence or information discovered to warrant additional charges, the potential for prosecutorial vindictiveness is too great for courts to allow the State to bring additional charges against a defendant after that defendant exercises their right to a fair trial by moving for a mistrial.
Appeals
D.H. v. Common Wealth Apts., No. 23A-EV-1404, __ N.E.3d __ (Ind. Ct. App., March 22, 2024).
It is still required by the Coronavirus Economic Stabilization Act (“CARES Act”) that landlords receiving federal housing subsidies must give renters a 30-day notice to vacate before initiating eviction proceedings.
Wanke v. State, No. 23A-CR-2423, __ N.E.3d __ (Ind. Ct. App., March 25, 2024).
It was reversible error to allow a nurse testify as to the statements made by child without affirmative evidence in the record that the child understands “the role of [a] medical professional and the purpose of [her] visit” with the professional “in order for us to infer that the child was motivated to speak truthfully” to that professional for the purposes of medical diagnosis or treatment.
Bardonner v. Bardonner, No. 23A-DC-1393, __ N.E.3d __ (Ind. Ct. App., March 12, 2024)
Parent with legal custody of child has the exclusive authority to dictate child’s religious training. Parent’s decision that child does not participate in the other parent’s church does not violate the other parent’s 1st Amendment rights.
Wells v. Wells, No. 23A-DR-990, __ N.E.3d __ (Ind. Ct. App., March 12, 2024).
Even though father agreed to pay for daughter’s college education in the marital settlement agreement, daughter could repudiate their relationship and relieve father of his duty to pay.