Non-disparagement clause in divorce decree amounted to an unconstitutional prior restraint on speech because it forbade the parties from making disparaging remarks about the other when outside the presence of the child.
Appeals
Reyes v. State, No. 21A-CR-2646, __ N.E.3d __ (Ind. Ct. App., May 6, 2022).
Because Indiana Jury Rule 26(a) affords trial courts the option to give final instructions before or after closing arguments, a court can do either without abusing its discretion.
Cole v. Cole, No. 21A-MI-2415, __ N.E.3d __ (Ind. Ct. App., April 28, 2022).
Under the Hague Convention, interests of children in matters relating to their custody are best served when decisions are made in the child’s country of habitual residence. Determination of a child’s habitual residence is fact-intensive and varies with the circumstances of each case.
B.M. v. A.J, No. 21A-PO-2290, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).
Trial court judge’s statements throughout protection order hearing demonstrate that judge failed to preside over the hearing as a neutral, impartial decision maker and violated defendants’ due process rights.
Legacy Builders Ind., Inc. v. Crocker No. 21A-CT-2255, __ N.E.3d __ (Ind. Ct. App., April 29, 2022).
Trial court lacked personal jurisdiction over defendants because plaintiff failed to serve a summons with the complaint.