The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
Appeals
Sawyer v. State, 20A-CR-1446, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Indiana Code § 35-40-5-11.5, effective March 18, 2020, restricts a defendant’s ability to take the deposition of a child less than sixteen years of age who is the victim or alleged victim of a sex offense. Because the statute is procedural in nature, and because it conflicts with the Indiana Trial Rules, the Indiana Trial Rules govern and the provisions of the statute in conflict are a nullity.
Mosley v. State, 20A-CR-2094, __ N.E.3d __ (Ind. Ct. App., May 21, 2021).
A no-contact order cannot be issued to protect a deceased person and probation cannot be revoked based on violation of that void order.
AO Alfa-Bank v. Doe, No. 20A-MI-2352, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Court did not have subject matter jurisdiction to consider a motion to quash an out-of-state subpoena which had not been domesticated.
Br.S. v. J.N.S., No. 20A-AD-1790, __ N.E.3d __ (Ind. Ct. App., May 12, 2021).
Drug-addicted parents should have the opportunity to rehabilitate themselves and then reestablish a relationship with their children, but they do not have an open-ended pass for not communicating significantly with their children.