The face mask requirement imposed during the global COVID pandemic was a reasonable limitation on the right to confront witnesses, designed to further the public policy of ensuring the safety of everyone in the courtroom.
M. Bailey
T.D. v. State, No. 22A-CR-00364, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2022).
A delinquency adjudication is void and should be set aside when the trial court accepts an admission without inquiring whether juvenile knowingly, intelligently, and voluntarily waived hi/hers statutory and constitutional rights as required by the juvenile waiver statute, Ind. Code § 31-32-5-1.
Newcomb, Jr. v. State, No. 22A-PC-318, __ N.E.3d __ (Ind. Ct. App., Aug. 24, 2022).
A miscarriage of justice, including when a person is convicted of an offense they did not commit, can be corrected within the confines of post-conviction relief.
Israel v. Israel, No. 21A-DC-1063, __ N.E.3d __ (Ind. Ct. App., May 16, 2022).
Non-disparagement clause in divorce decree amounted to an unconstitutional prior restraint on speech because it forbade the parties from making disparaging remarks about the other when outside the presence of the child.
In re change of gender of O.J.G.S., No. 21A-MI-2096, __ N.E.3d __ (Ind. Ct. App., May 2, 2022).
Ind. Code § 16-37-2-10 does not grant courts the authority to order a change of gender marker on a birth certificate.