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.
E. Najam
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.
Wihebrink v. State, No. 20S-CR-632, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2022).
An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Aberdeen Apartments II, LLC v. Miller, No. 21A-CT-1263, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2021).
Counsel did not commit misconduct for making a specific request for damages during rebuttal closing argument.
Davis v. State, 21A-CR-52, __ N.E.3d __ (Ind. Ct. App., July 15, 2021).
Revision of a sentence under Indiana Appellate Rule 7(B) requires the appellant to demonstrate that his sentence is inappropriate in light of the nature of the offense and the character of the offender; failure to address both prongs results in waiver of appropriateness review.