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Case Clips

Published by the Indiana Office of Court Services

C. Goff

G.W. v. State, No. 23S-JV-246, __N.E.3d __ (Ind., Apr. 10, 2024).

April 15, 2024 Filed Under: Criminal, Juvenile Tagged With: C. Goff, G. Slaughter, Supreme

When a juvenile court fails to enter the requisite findings of fact in its dispositional order, an appellate court should neither affirm nor reverse. Instead, the proper remedy is to remand the case under Ind. App. R. 66(C)(8) while holding the appeal in abeyance.

A.W. v. State, No. 23S-JV-40, __ N.E.3d __ (Ind., March 12, 2024).

March 18, 2024 Filed Under: Criminal, Juvenile Tagged With: C. Goff, M. Massa, Supreme

Under the second step of the double jeopardy test announced in the Indiana Supreme Court’s Wadle opinion, when assessing whether an offense is factually included, a court may examine only the facts as presented on the face of the charging instrument. Moreover, where ambiguities exist in a charging instrument about whether one offense is factually included in another, courts must construe those ambiguities in the defendant’s favor, and thus find a presumptive double jeopardy violation. In this event, the State can later rebut this presumption at the third step of the Wadle test.

Morales v. Rust, No. 23S-PL-371, __ N.E.3d __ (Ind., March 6, 2024).

March 11, 2024 Filed Under: Civil Tagged With: C. Goff, D. Molter, M. Massa

The Affiliation Statute, the statute that contains objective criteria for determining eligibility to appear on the primary ballot of a major political party and discretion for a party to allow the candidacy regardless of compliance, is constitutional.

Spells v. State, No. 23S-CR-232, __ N.E.3d __ (Ind., Jan. 30, 2024).

February 5, 2024 Filed Under: Criminal Tagged With: C. Goff, Supreme

The statutory cash bail agreement permits application of cash bail to the whole of a defendant’s public-defender costs. However, a court may retain cash bail to pay most other fines, costs, and fees only after considering the defendant’s ability to pay.

Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Feb. 1, 2024).

February 5, 2024 Filed Under: Civil Tagged With: C. Goff, Supreme

On rehearing, the Court recognizes the practical difficulties that businesses may face in securing affirmative consent to contract modifications from existing customers and notes that it leaves open the possibility of adopting, in the future, a different standard governing the offer and acceptance of unilateral contracts between businesses and consumers.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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