Parties’ due process rights were violated when a successor judge made factual findings and legal conclusions without a trial de novo following the departure of the original judge who conducted the evidentiary hearing.
R. Pyle
Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).
Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.
Warren v. State, No. 21A-CR-247, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2022).
A trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.
Nolan v. State, No. 21A-CR-305, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2021).
A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.
In re Change of Name and Gender of H.S., No. 21A-MI-884, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2021).
When a parent seeks a change of gender marker for a child, it must be accompanied by a best interests analysis and include more than conclusory testimony.