It was reversible error to allow a nurse testify as to the statements made by child without affirmative evidence in the record that the child understands “the role of [a] medical professional and the purpose of [her] visit” with the professional “in order for us to infer that the child was motivated to speak truthfully” to that professional for the purposes of medical diagnosis or treatment.
P. Mathias
Bardonner v. Bardonner, No. 23A-DC-1393, __ N.E.3d __ (Ind. Ct. App., March 12, 2024)
Parent with legal custody of child has the exclusive authority to dictate child’s religious training. Parent’s decision that child does not participate in the other parent’s church does not violate the other parent’s 1st Amendment rights.
In re Civil Commitment of C.P., No. 22A-MH-2960, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2023).
The collateral consequences that accompany order of involuntary civil commitment make appeal from that order not moot even though the term of commitment has expired.
Hinton v. State, No. 23A-CR-107, __ N.E.3d __ (Ind. Ct. App., July 21, 2023).
The plain-view exception to the Fourth Amendment’s warrant requirement allows an officer to seize an object without a warrant if (1) the officer is lawfully in a position from which to view the object, (2) the incriminating character of the object is immediately apparent, and (3) the officer has a lawful right of access to the object.
Cooley v. Cooley, No. 22A-DN-1202, __ N.E.3d __ (Ind. Ct. App., April 14, 2023).
In a dissolution of marriage, the trial court had the discretion to order husband to secure a life insurance policy as security for his equalization payment for division of his pension.