Eliminating all overnights amounts to a restriction on parenting time.
Appeals
Schaefer v. State, No. 24A-CR-1387, __N.E.3d __ (Ind. Ct. App., Apr. 11, 2025).
A trial court possesses the authority to instruct the jury on the penal consequences of a not responsible by reason of insanity verdict, and a guilty but mentally ill verdict, on its own accord to instruct on what it perceives to be a confused jury.
Jones v. State, No. 24A-CR-1102, __N.E.3d __ (Ind. Ct. App., Apr. 14, 2025).
The right to counsel under Article 1, Section 13 attaches at the point of arrest by an Indiana official.
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
In re W.H., No. 24A-JC-2241, __ N.E.3d __ (Ind. Ct. App., March 7, 2025).
Because the court was required to order preparation of a predispositional report in a CHINS case, and the report had to be provided to the parties prior to the dispositional hearing, the report did not need to be admitted into evidence to be part of the record that the juvenile court could consider.