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.
E. Tavitas
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.
M.M. v. L.P., No. 23A-PO-2089, __ N.E.3d __ (Ind. Ct. App., Aug. 5, 2024).
The trial court was not required to transfer a pending protection order case to the special judge handling parties’ post-dissolution matters when the protection order did not relate to any pending post-dissolution proceedings and did not impact parenting time.
Wells v. Wells, No. 23A-DR-990, __ N.E.3d __ (Ind. Ct. App., March 12, 2024).
Even though father agreed to pay for daughter’s college education in the marital settlement agreement, daughter could repudiate their relationship and relieve father of his duty to pay.
Peters v. Girl Scouts of Southwest Ind., Inc., No. 23A-CT-1342, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2024).
Mother could add child’s guardian as a defendant under the Child Wrongful Death Statute, but both father and guardian were required to assert a claim within 2-years to be entitled to an apportionment of damages.