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Case Clips

Published by the Indiana Office of Court Services

N. Vaidik

Crabtree v. State, No. 21A-CR-2752, __ N.E.3d __ (Ind. Ct. App., Dec. 1, 2022).

December 5, 2022 Filed Under: Criminal Tagged With: Appeals, E. Tavitas, N. Vaidik

Terry-level reasonable suspicion is not an absolute necessity for a dog sniff of a hotel-room door. The degree of suspicion is just one factor to be considered under the general Litchfield balancing test.

In re Termination of the Parent-Child Relationship of P.B., No. 22A-JT-1397, __ N.E.3d __ (Ind. Ct. App., Nov. 22, 2022).

November 29, 2022 Filed Under: Civil, Juvenile Tagged With: Appeals, N. Vaidik

The clear and convincing evidence burden of proof in termination of parental rights cases satisfies the Indiana Constitution’s Due Course of Law Clause.

Lake Ridge Sch. Corp. v. Holcomb, No. 22A-PL-423, __ N.E.3d __ (Ind. Ct. App., Nov. 9, 2022).

November 14, 2022 Filed Under: Civil Tagged With: Appeals, N. Vaidik

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).

October 31, 2022 Filed Under: Criminal, Juvenile Tagged With: Appeals, M. Bailey, N. Vaidik

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).

October 3, 2022 Filed Under: Civil, Juvenile Tagged With: Appeals, N. Vaidik

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.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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