Although plaintiff used bad judgment filing suit in federal court in Illinois, there was no evidence it was done in bad faith and the lawsuit could proceed based on the Journey’s Account Statute.
Appeals
Schaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2015).
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
Grant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d __ (Ind. Ct. App., April 6, 2015).
Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.
Jackson v. State, No. 34A01-1409-CR-455, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2015).
Probation condition to report within forty-eight hours an arrest or charge for a “new criminal offense” was ambiguous as to whether it applied to an arrest or charge for an offense committed before the probationary period began; holds the ambiguity must be construed against the State, so that the reporting condition did not include arrests or charges for offenses committed before probation began.
In re J.W., Jr., No. 82A04-1408-JT-380, __N.E.3d __ (Ind. Ct. App., March 25, 2015).
“Indiana Code Section 31-35-2-4(b)(2)(A)(iii) simply requires the DCS to demonstrate compliance with the statutory waiting period—namely, that a child has been removed from a parent for fifteen of the most recent twenty-two months immediately prior to the termination hearing. That statute does not condition the waiting period on whether the DCS provided or otherwise made available any type of services to the parent.”