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.
Appeals
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.
Batchelder v. Ind. University Health Care Assoc., No. 19A-CT-2569, __ N.E.3d __ (Ind. Ct. App., May 14, 2020).
When there are joint tortfeasors in a medical malpractice action, the trial court should not prematurely set off a settlement to the statutory limit without first determining the value of case.