The filing of a motion to dismiss does not mandate dismissal of a CHINS case; the decision rests in the trial court’s discretion. Trial courts should review the reasons proffered in support of dismissal in light of the evidence and allegations and then determine whether dismissal is in the child’s best interests.
Appeals
In re Adoption of E.S.J., No. 23A-AD-1161, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2023).
Ind. Code 31-19-2-2, regarding adoptions, is a special venue statute to which T.R. 75(A)(8) applies. Preferred venue lies in any county where the petition is to be filed under the statute.
Plato v. State, No. 23A-PC-452, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2023).
A search warrant which authorizes law enforcement to search for “paperwork” related to a suspected crime, may include seizure of a computer.
In re Civil Commitment of C.P., No. 22A-MH-2960, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2023).
The collateral consequences that accompany order of involuntary civil commitment make appeal from that order not moot even though the term of commitment has expired.
Englehardt v. State, No. 22A-CR-1760, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2023).
A mistrial is an extreme remedy that is warranted only when no other curative action can be expected to remedy the situation.