Indianapolis’ non-smoking ordinance does not violate the Equal Privileges and Immunities Clause of Article 1, Section 23 of the Indiana Constitution.
Supreme
In re Custody of M.B., No. 65S04-1604-MI-00180, __ N.E.3d __ (Ind., April 12, 2016).
“[A] third-party, who seeks to commence an independent child custody action under Indiana Code § 31-17-2-3(2), may properly do so in circuit court, but if a CHINS case is pending when the custody action is filed and no exception to the juvenile court’s exclusive jurisdiction is applicable, the circuit court should abstain from exercising its jurisdiction and stay any proceedings on the custody action until final disposition of the CHINS proceeding.”
Ackerman v. State, No. 49S00-1409-CR-770, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Under the particular circumstances, autopsy report was not prepared for “primary purpose” of future investigation or prosecution, and therefore was not testimonial hearsay.
Ammons v. State, No. 45S03-1604-CR-167, ___ N.E.3d ___ (Ind., Apr. 5, 2016).
Requiring an Indiana resident, who recently moved to Indiana from another state, to register as a sex offender is not an ex post facto violation when offender was already required to register in another jurisdiction.
City of Beech Grove v. Beloat, No. 49S02-1604-CT-165, __ N.E.3d __ (Ind., April 5, 2016).
“City failed to meet its burden of demonstrating that the challenged act or omission was a policy decision made by consciously balancing risks and benefits. Thus, the City was not entitled to summary judgment on the question of discretionary function immunity under the [Indiana Tort Claims Act].”