The Indiana Supreme Court reiterated in Wadle, that an offense is factually included when the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense. Here, juvenile’s adjudications for possession of a machine gun and dangerous possession of a firearm were factually included and thus, entry of judgment on both counts was a violation of double jeopardy.
E. Najam
In re Adoption of A.F., No. 22A-AD-288, __ N.E.3d __ (Ind. Ct. App., July 7, 2022).
A deceased person cannot adopt a child.
Ramey v. Ping, No. 21A-CT-2103, __ N.E.3d __ (Ind. Ct. App., June 13, 2022).
Under the False Reporting Statute, a person who, directly or indirectly, intentionally communicates a false report of child abuse or neglect to DCS is liable to the person accused of child abuse or neglect for their damages.
B.A. v. D.D., No. 22A-AD-147, __ N.E.3d __ (Ind. Ct. App., May 26, 2022).
Evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father or obviate the need for his consent to an adoption.
Davis v. State, No. 21A-CR-2089, __ N.E.3d __ (Ind. Ct. App., May 2, 2022).
Although Indiana Rule of Evidence 404(b) cases typically involve the issue of whether prior bad acts of the defendant are admissible, Rule 404(b) does not prohibit application to subsequent acts.