The ability to consent is a unifying theme to the separate situations of proscribed conduct constituting Level 3 felony rape; a defendant should be able to ask the alleged victim questions about their shared sexual history to determine whether there is any basis by which defendant could defend themselves by arguing the alleged were consensual.
M. May
Brown v. State, No. 23A-CR-330, __ N.E.3d __ (Ind. Ct. App., May 10, 2024).
A twenty-one-year-old falls into the jurisdictional gap our Indiana Supreme Court identified in D.P. and Neukam. While statutes that became effective on July 1, 2023, cured this jurisdictional gap, retroactive application of these statutes violate a defendant’s right under the United States Constitution to be free of ex post facto laws.
Hogg v. State, No. 23A-CR-525, __ N.E.3d __ (Ind. Ct. App., Apr. 1, 2024).
Unless there is new evidence or information discovered to warrant additional charges, the potential for prosecutorial vindictiveness is too great for courts to allow the State to bring additional charges against a defendant after that defendant exercises their right to a fair trial by moving for a mistrial.
D.H. v. Common Wealth Apts., No. 23A-EV-1404, __ N.E.3d __ (Ind. Ct. App., March 22, 2024).
It is still required by the Coronavirus Economic Stabilization Act (“CARES Act”) that landlords receiving federal housing subsidies must give renters a 30-day notice to vacate before initiating eviction proceedings.
In re Visitation of C.B., No. 23A-MI-1586, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The Grandparents Visitation Act does not preclude a grandparent from seeking visitation with a child where the custodian of the child is the grandparent’s child.