Ind. Code § 31-32-5-1 mandates that before consent may be established for purposes of a blood draw, a juvenile must be advised, and provided the opportunity, to have meaningful consultation with their parent/guardian.
Miller v. State, No. 21A-CR-2315, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Bifurcation of unlawful possession of a firearm by a serious violent felon (SVF) charges serves the purpose of protecting a defendant’s right to the presumption of innocence and ensures a fair trial.
State v. Barnett, No. 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2021).
The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.
In the Matter of the Change of Gender Identification of A.B., No. 20A-MI-1580, __ N.E.3d __ (Ind. Ct. App, Feb. 24, 2021).
Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
R.W. v. J.W., No. 19A-PO-2697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2020).
The existence of an emergency order of protection issued in Illinois in favor of one party did not require the trial court to transfer the other party’s Indiana petition for protective order to Illinois under Ind. Code § 34-26-5-6(4).