The trial court properly dismissed the complaint of an abusive litigant; the appellate court imposes sanctions on the litigant for his abuse of judicial resources.
Appeals
BFD Enterprises, LLC v. Koepnick, No. 21A-CT-1931, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
The principal of comity supports dismissing Indiana lawsuit when one is pending in another state, even though the Indiana lawsuit was filed days before the other lawsuit, the other court acquired jurisdiction over the parties before the Indiana court and the other lawsuit is further along in the litigation process.
Mastellone v. Young Men’s Christian Assoc. of Greater Indianapolis, No. 21A-CT-1720, __ N.E.3d __ (Ind. Ct. App., June 23, 2022).
After entering judgment, pursuant to Trial Rule 59, a trial court cannot set aside the judgment without stating specific reasons.
Becklehimer v. State, No. 21A-CR-1646, __ N.E.3d __ (Ind. Ct. App., June 24, 2022).
Leaving a thirteen-year-old child home alone for the weekend does not, without more, constitute neglect of a dependent.
State v. Jones, No. 21A-CR-2254, __ N.E.3d __ (Ind. Ct. App., June 27, 2022).
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.