In an adoption, consent is not required from the father, who by clear and convincing evidence was able to support his children but did not.
Supreme
Hardiman v. Cozmanoff, No. 45S03-1309-CT-619, __ N.E.2d __ (Ind., March 12, 2014).
In the related civil case while the criminal case was pending, trial court properly granted a limited stay of discovery as to defendant only and required defendant to answer the complaint within 30 days.
State v. Coats, No. 49S02-1305-CR-328, __ N.E.2d __ (Ind., Feb. 18, 2014).
A trial court has no discretion “to refuse to order commitment to the DMHA where it concludes that a defendant found not competent to stand trial can never be returned to competency.”
Mitchell v. 10th & The Bypass, LLC, No. 53S01-1303-PL-222, __ N.E.2d __ (Ind., Feb. 20, 2014).
Evidence obtained after entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order. Relief from judgment under Indiana Trial Rules is not limited to final judgments.
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”