The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.
N. Vaidik
Lake Ridge Sch. Corp. v. Holcomb, No. 22A-PL-423, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2022).
Political subdivisions, such as a school corporation, may not assert takings claims against the State.
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.
In re Z.D., No. 22A-JC-875, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2022).
When a party’s first appearance in a case is made in person when it should have been virtual, the court should be hesitant to treat that appearance as defiant or otherwise improper. A parent who requests a contested CHINS fact-finding hearing has a constitutional right to that hearing, and a parent does not forfeit that right by appearing in person to a virtual hearing.
Theobald v. State, No. 21A-CR-2746, __ N.E.3d __ (Ind. Ct. App., June 30, 2022).
The “new-crime exception” to the Miranda exclusionary rule applies when a statement is made by a person who is subject to custodial interrogation but not given Miranda warnings. Under such circumstances, the statement is still admissible if the statement itself is evidence of a new crime.