Ind. Code § 31-32-5-1 mandates that before consent may be established for purposes of a blood draw, a juvenile must be advised, and provided the opportunity, to have meaningful consultation with their parent/guardian.
Appeals
Lake Cnty. Bd. of Comm’rs v. Lake Cnty. Sheriff, No. 22A-PL-1559, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2022).
County sheriff has the authority to enter into contracts related to the operation of the jail and the care of its inmates.
Lake Ridge Sch. Corp. v. Holcomb, No. 22A-PL-423, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2022).
Political subdivisions, such as a school corporation, may not assert takings claims against the State.
Mills v. State, No. 22A-CR-591, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2022).
The face mask requirement imposed during the global COVID pandemic was a reasonable limitation on the right to confront witnesses, designed to further the public policy of ensuring the safety of everyone in the courtroom.
Smith v. State, No. 22A-CR-00364, __ N.E.3d __ (Ind. Ct. App., Oct. 25, 2022).
Prosecuting attorneys have broad discretion to bargain with a defendant in resolving criminal charges through a pretrial diversion program. But once the State enters into a valid diversion agreement, it may not unilaterally revoke the agreement based only on buyer’s remorse.