The claim preclusion branch of res judicata applies to CHINS proceedings; if the State wishes to refile after a CHINS petition is dismissed, it must show that the new CHINS petition contains allegations of material fact that could not have been included in the dismissed action.
S. David
Morrison v. Vasquez, No. 19S-CT-382, __ N.E.3d __ (Ind., June 27, 2019).
A domestic organization’s actual principal office and not the location of its registered agent is the appropriate preferred venue.
Kelly v. State, No. 18S-CR-585, __ N.E.3d __ (Ind., May 22, 2019).
Trial court properly allowed the State to present evidence of defendant’s post-arrest, pre-Miranda silence during trial because defendant opened the door to rebuttal of his defense that he had no knowledge of the drug deal and was an unwitting participant.
Bennett v. State, No. 18S-CR-538, __ N.E.3d __ (Ind., April 2, 2019).
There was insufficient evidence that defense violated a Community Corrections placement condition by possessing obscene matter because the trial court made factual findings that negate one part of the statutory definition required to prove the violation.
Horejs v. Milford, No. 19S-CT-97, __ N.E.3d __ (Ind., Feb. 21, 2019).
Husband’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir.