Ind. Code 34-20-3-1(b) is a statute of repose that cannot be extended by a manufacturer’s post-delivery repair, refurbishment or reconstruction of the disputed product.
G. Slaughter
S.H. v. D.W., No. 19S-PO-118, __ N.E.3d __ (Ind., Jan. 31, 2020).
The Protection Order Act does not permit the reissuance, renewal, or extension of the protective order when there has been a single episode of physical violence with no follow-up act, no threat that the violence will recur, and no other reasonable grounds to believe there is present intent to harm.
A.M. v. State, No. 19S-JV-603, __ N.E.3d __ (Ind., Nov. 12, 2019).
A court should evaluate a juvenile’s claim of ineffective counsel in a delinquency disposition-modification hearing by using a due process standard; it should consider counsel’s overall performance to determine if the child received a fundamentally fair hearing resulting in a disposition that served his best interests.
State v. Timbs, No. 27S04-1702-MI-70, __ N.E.3d __ (Ind., Oct. 28, 2019).
The Eighth Amendment’s protection against excessive fines places not only an instrumentality limit on use-based in rem fines, but also a proportionality one. Based on the totality of the circumstances, if the punitive value of the forfeiture is grossly disproportional to the gravity of the underlying offenses and the owner’s culpability for the property’s criminal use, the fine is unconstitutionally excessive.
Int’l Bus. Machines Corp. v. State, No. 49D01-1005-PL-21451, __ N.E.3d __ (Ind., Oct. 11, 2019).
Post-judgment interest due to the State runs from the judgment on remand; the date of the original judgment was not final.