A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.
T. Crone
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.
State v. Riggs, 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., July 29, 2021).
Any substantive provisions of the Child Deposition Statute, Ind. Code § 35-40-5-11.5, do not exempt the procedural provisions of the Statute from the general rule that the Indiana Trial Rules supersede conflicting procedural statutes. The procedural provisions of the Child Deposition Statute conflict with the trial rules, and therefore the procedural provisions are unenforceable.
Faulk v. Faulk, No. 20A-DC-1432, __ N.E.3d __ (Ind. Ct. App., March 29, 2021).
Trial court has no statutory authority to change a child’s last name in a divorce decree.
R.W. v. J.W., No. 19A-PO-2697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2020).
The existence of an emergency order of protection issued in Illinois in favor of one party did not require the trial court to transfer the other party’s Indiana petition for protective order to Illinois under Ind. Code § 34-26-5-6(4).