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Case Clips

Published by the Indiana Office of Court Services

Appeals

In re E.K., No. 25A-JC-703, __ N.E.3d __ (Ind. Ct. App., Oct. 16, 2025).

October 20, 2025 Filed Under: Civil, Juvenile Tagged With: Appeals, M. DeBoer

The Court could not take judicial notice of substantive controversial facts and rely on those facts in orders issued by a court in a non-adversarial proceeding where many typical due process protections are not observed.

Brown v. Charles Sturdevant Post of the American Legion Post #46, No. 25A-PL-513, __ N.E.3d __ (Ind. Ct. App., Sept. 30, 2025).

October 6, 2025 Filed Under: Civil Tagged With: Appeals, M. DeBoer

The ten-year durational period for a successful claim of adverse possession does not require one legal owner during that time period.

Mitchell v. State, No. 25A-CR-1322, __ N.E.3d __ (Ind. Ct. App., Oct. 6, 2025).

October 6, 2025 Filed Under: Criminal Tagged With: Appeals, E. Brown

The plain language of Ind. Code § 35-38-2-1.8 does not grant, or even address, the trial court’s authority to modify the conditions of probation upon a defendant’s motion.

Davidson v. Hammond, No. 25A-SC-879, __ N.E.3d __ (Ind. Ct. App., Sept. 25, 2025).

September 26, 2025 Filed Under: Civil Tagged With: Appeals, T. Crone

A small claims court must rule on a defendant’s request for a jury trial before the defendant has to pay the fee to transfer the case to the plenary docket.

In re Adoption of Au.S., No. 25A-AD-1046, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2025).

September 22, 2025 Filed Under: Civil Tagged With: Appeals, E. Tavitas, P. Felix

When a jurisdictional priority problem arises in a proceeding concerning custody of a child, that jurisdictional priority problem presumptively qualifies as a potential ground for permissive intervention under TR 24(B)(2). Under these circumstances, permissive intervention should only be denied if the trial court finds that (1) the first-to-file petitioner has relinquished their interest in pursuing custody of the child, or (2) intervention is unnecessary because the child’s placement with the second-to-file petitioner is clearly in the child’s best interests. If neither finding is supported by the record, the circumstances are sufficiently extraordinary and unusual to permit intervention under TR 24(B)(2).

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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