The ongoing CHINS proceeding did not prohibit the trial court from dispensing with mother’s and father’s consents in the adoption proceeding.
E. Najam
Logansport/Cass Co. Airport Authority v. Kochenower, No. 20A-PL-2143, __ N.E.3d __ (Ind. Ct. App., May 3, 2021).
To successfully allege a meritorious claim or defense pursuant to Trial Rule 60(B), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but this initial showing is not governed by the Rules of Evidence.
Poppe v. Angell Enterprises, Inc., No. 20A-CT-2211, __ N.E.3d __ (Ind. Ct. App., April 19, 2021).
Summary judgment was properly granted for property owner when grocery shoppers were injured by an intoxicated driver in the parking lot; it was not a condition on the premises that caused the plaintiffs to be injured but a random criminal act that property owner could not have prevented.
Fields v. State, 20A-CR-1799, __ N.E.3d __ (Ind. Ct. App., Jan. 26, 2021).
Notwithstanding a waiver of appeal provision in a plea agreement, a defendant who was sentenced contrary to law is an eligible defendant permitted to seek a belated appeal pursuant to Post-Conviction Rule 2.
Jones v. State, 20A-CR-664, __ N.E.3d __ (Ind. Ct. App., Nov. 2, 2020).
To prevent disclosure of a confidential informant’s identity, it is not enough to show that the CI’s identity might be revealed. Rather, it is the State’s burden to prove that the CI’s identity would be revealed as a result of a face-to-face interview.