Any violation of a defendant’s right to be free from self-incrimination under the Fifth Amendment, or Article 1, Section 14 of the Indiana Constitution, does not require suppression of the physical fruits of that violation.
Appeals
Ramey v. Ping, No. 21A-CT-2103, __ N.E.3d __ (Ind. Ct. App., June 13, 2022).
Under the False Reporting Statute, a person who, directly or indirectly, intentionally communicates a false report of child abuse or neglect to DCS is liable to the person accused of child abuse or neglect for their damages.
Blattert, Jr. v. State, No. 21A-CR-1082, __ N.E.3d __ (Ind. Ct. App., June 15, 2022).
Indiana’s Religious Freedom Restoration Act does not apply to child abuse; protecting children from physical abuse is a compelling governmental interest and prosecution is the least restrictive means of furthering that interest. To that end, Indiana offers the parental privilege as a defense to battery and similar crimes rather than completely banning the practice of corporal punishments. This accommodates religious practices which require reasonable corporal punishment.
Goston v. State, No. 21A- CT-2484, __ N.E.3d __ (Ind. Ct. App., June 17, 2022).
The DCS Notice Statute (Ind. Code §31-33-18-4) does not confer a private cause of action.
Russell v. State, No. 21A-CR-2313, __ N.E.3d __ (Ind. Ct. App., June 20, 2022).
There are two avenues for the use of home detention following conviction: 1) home detention as a condition of probation under Ind. Code § 35-38-2.5; and 2) home detention as a direct commitment to Community Corrections under Ind. Code § 35-38-2.6. A trial court must enter a home detention order when a defendant is sentenced to home detention as a condition of probation.