Children’s statements made to therapist regarding whether the children were aware that father killed their mother and whether they understood that they could visit Father were not admissible hearsay under the medical diagnosis exception because children likely did not understand that they were making statements to the therapist for the purpose of diagnosis or treatment.
P. Mathias
Wadle v. State, No. 18A-CR-1465, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2019).
Convictions for leaving the scene of an accident, OWI causing serious bodily injury, OWI endangering a person, and operating a vehicle with an ACE of 0.08 or more, constitute double jeopardy under both the actual evidence test and common-law prohibitions.
Fields v. Safway Group Holdings, LLC, No. 18A-CT-314, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2019).
Trial court properly granted TR 60(B)(8) motion because equitable considerations can constitute the exceptional circumstances required to grant the motion.
Ind. Family & Social Svcs. Admin. v. Patterson, No. 18A-PL-925, __ N.E.3d __ (Ind. Ct. App., Jan. 17, 2019).
Ind. Family & Social Svcs. Administration properly determined that the garnished portion of Medicaid recipient’s income should be included when determining his portion of the cost of his care.
J.K. v. Ind. Dept. of Child Svcs., No. 18A-JT-529, __ N.E.3d __ (Ind. Ct. App., Sept. 7, 2018).
Admonishes DCS for its failure to afford litigants their due process rights and reminds the trial courts of their duty to ensure that litigants’ due process rights are not violated.