Waiver of the home study requirement in an adoption when the adoptive parents are not a stepparent or the grandparents is reversible error.
C. Bradford
Helvie v. State, No. 24A-CR-1441, __ N.E.3d __ (Ind. Ct. App., Dec. 16, 2024).
Indiana Criminal Rule 3.3(C)(1) provides, in part, that a “defendant may plead guilty to all charged offenses without a plea agreement or to at least one of the charged offenses pursuant to a plea agreement negotiated with the state.” Therefore, absent a plea agreement, the Rule’s language precludes a defendant from pleading guilty to anything less than all of the charges.
In re Guardianship of Adducci, No. 23A-GU-2433, __ N.E.3d __ (Ind. Ct. App., July 17, 2024).
FSSA had a right to intervene in guardianship because the spousal support order diverted money that would have otherwise been used to pay medical bills. The trial court could not increase spousal support because the state Medicaid statute requires a “fair hearing before the State agency” to determine if an allowance should be increased.
Konkle v. State, No. 23A-CR-783, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The eggshell-skull doctrine does not apply in cases of murder or voluntary manslaughter. The relevant statutes require that the defendant either must intend to kill the victim or know that his actions will likely result in the victim’s death, which is inconsistent with the proposition that you take your victim as you find them.
Jennings v. Smiley, No. 23A-CT-00303, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2023).
The trial court did not abuse its discretion when it did not allow discovery of defendant’s cell phone; the burden of plaintiff’s proposed phone inspection outweighed its likely benefit in light of defendant’s significant privacy concerns.