A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
E. Tavitas
Basso v. State, No. 24A-CR-500, __N.E.3d __ (Ind. Ct. App., Sept. 24, 2024).
A crime victim does not commit perjury merely by changing his opinion regarding the proper punishment for the defendant at the defendant’s sentencing hearing.
DeGrado v. DeGrado, No. 24A-DC-187, __ N.E.3d __ (Ind. Ct. App., Sept. 3, 2024).
Extracurricular expense payments are child support. Petition to modify child support put parent on notice that extracurricular expenses were at issue.
Schoeff v. State, No. 23A-CR-02163, __ N.E.3d __ (Ind. Ct. App., Aug. 26, 2024).
While the Richardson actual-evidence test no longer applies to claims of substantive double jeopardy violations, it does apply to claims of procedural double jeopardy.
In re Paternity of E.B.K., No. 23A-JP-2316, __N.E.3d __ (Ind. Ct. App., Aug. 14, 2024).
The thirty-seven-month time period between the temporary custody order and the permanent custody order was an extraordinary delay that prejudiced mother and violated her due process rights. Trial courts have a statutory duty under Ind. Code § 31-17-2-6 to expedite custody proceedings.