Indiana Rule of Evidence 412(b)(1)(A) only allows evidence of other sexual behavior that—itself—could have produced some physical evidence that is presented in the case.
Appeals
In re Paternity of J.G., No. 19A-JP-2429, __ N.E.3d __ (Ind. Ct. App., June 4, 2020).
Even though husband was presumed to be child’s father, his paternity had not been established so the prosecuting attorney was authorized to file a paternity petition.
In re Termination of Tre.S, No. 19A-JT-2915, __ N.E.3d __ (Ind. Ct. App., May 27, 2020).
Reminder to trial-level DCS attorneys and trial courts that they have a duty to ensure that parents’ due-process rights in termination cases are not violated.
Wahl v. State, No. 19A-CR-2258, __ N.E.3d __ (Ind. Ct. App., May 12, 2020).
Video reenactment may be taken with consent and questions during such reenactment due not amount to custodial interrogation where the officer’s inquiry is merely general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.