When a trial court’s local practice conflicts with Criminal Rule 4(C), the local practice is invalid, and delays arising from noncompliance with such practices cannot be charged to defendants.
L. Weissmann
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.
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.
Andrew Nemeth Properties, LLC v. Panzica, No. 23A-PL-1383, __ N.E.3d __ (Ind. Ct. App., Apr. 17, 2024).
A pre-formation oral contract may establish an LLC’s initial membership. Plaintiff was entitled to a jury trial on his unjust enrichment claim under Article 1, Section 20 of the Indiana Constitution.
Individual Members of the Medical Licensing Bd. of Ind.. v. Anonymous Plaintiff 1, No. 22A-PL-2938, __ N.E.3d __ (Ind. Ct. App., Apr. 4, 2024).
Recognizes the doctrine of associational standing and affirms the trial court’s finding that plaintiffs are entitled to a preliminary injunction regarding the abortion law, but remands for a more narrowly tailored injunction.