When city only provided notice of the taking and its hearings by publication, even though it knew how to provide personal notice, it deprived the property owner of a meaningful damages hearing.
M. Massa
Miller v. State, No. 22S-CR-59, __ N.E.3d __ (Ind., June 29, 2022).
A party invites an error if it was part of a deliberate, well-informed trial strategy, which means there must be evidence of counsel’s strategic maneuvering at trial to establish invited error. As to juror challenges, an anticipated refusal does not excuse compliance with the exhaustion rule; a party must still try to use a peremptory challenge even if he believes it will be unsuccessful.
Church v. State, No. 22S-CR-201, __ N.E.3d __ (Ind., June 23, 2022).
Ind. Code § 35-40-5-11.5, the child sex-offense deposition statute, is both constitutionally sound and substantive in nature, and therefore, the Indiana Trial Rules cannot abrogate or modify the statute.
State v. Neukam, No. 21S-CR-567, __ N.E.3d __ (Ind., June 23, 2022).
Slaughter, J. In 2020, we held juvenile courts lose jurisdiction once an alleged delinquent child reaches twenty-one years of age. But we left open the question whether the State can file criminal charges against a person who committed the charged conduct before turning eighteen but is no longer a child under the juvenile code. Under […]
ResCare Health Svcs., Inc. v. Ind. Family & Social Svcs. Admin., No. 21S-MI-372__ N.E.3d __ (Ind., April 5, 2022).
Although a complaint for declaratory judgment could not be decided by an ALJ, upon judicial review, one could be reviewed by the trial court judge without a separate complaint being filed.