Indiana Case Commentaries

Due Process Right to Fact-Finding Hearings in CHINS Adjudications: An In-Depth Analysis of IN RE K.D. & K.S.S.S. v. Indiana Department of Child Services

Date: Mar 14, 2012

Due Process Right to Fact-Finding Hearings in CHINS Adjudications In-Depth Analysis of IN RE K.D. & K.S.S.S. v. Indiana Department of Child Services Introduction The Supreme Court of Indiana's...

Indiana Supreme Court Establishes Strict Admissibility Standards for Vouching Testimony in Child Sexual Abuse Cases

Date: Mar 9, 2012

Indiana Supreme Court Establishes Strict Admissibility Standards for Vouching Testimony in Child Sexual Abuse Cases Introduction The case of Keith HOGLUND v. STATE of Indiana, reported at 962 N.E.2d...

Enhancement of Drug Possession Charges Near School Property: Insights from ABBOTT v. STATE

Date: Feb 23, 2012

Enhancement of Drug Possession Charges Near School Property: Insights from ABBOTT v. STATE Introduction The case of Antwon ABBOTT v. STATE (961 N.E.2d 1016) adjudicated by the Supreme Court of...

Ke v. Hampton: Reinforcing the 'Reasonable Theory of Innocence' Instruction in Circumstantial Evidence Cases

Date: Feb 15, 2012

Ke v. Hampton: Reinforcing the 'Reasonable Theory of Innocence' Instruction in Circumstantial Evidence Cases Introduction In the landmark case of Ke v. Hampton, decided on February 14, 2012, the...

Defining “Use of a Vehicle” in Marijuana Possession: Insights from Michael B. Adams v. State

Date: Feb 3, 2012

Defining “Use of a Vehicle” in Marijuana Possession: Insights from Michael B. Adams v. State Introduction The Supreme Court of Indiana, in Michael B. Adams v. State, 960 N.E.2d 793 (Ind. 2012),...

GRAY v. STATE: Clarifying the Standards for Constructive Possession of Marijuana

Date: Nov 23, 2011

GRAY v. STATE: Clarifying the Standards for Constructive Possession of Marijuana Introduction GRAY v. STATE, 957 N.E.2d 171 (Ind. 2011), is a pivotal case adjudicated by the Supreme Court of Indiana...

Due Process in Termination of Parental Rights: Assessing Incarcerated Parents' Rights in Termination Proceedings

Date: Oct 12, 2011

Due Process in Termination of Parental Rights: Assessing Incarcerated Parents' Rights in Termination Proceedings Introduction The case of In the Matter of the Involuntary Termination of Parent–Child...

Admissibility of Firearms Tool Mark Identification Without a Known Firearm: Insights from Desmond Turner v. State of Indiana

Date: Sep 29, 2011

Admissibility of Firearms Tool Mark Identification Without a Known Firearm: Insights from Desmond Turner v. State of Indiana Introduction In Desmond Turner v. State of Indiana (953 N.E.2d 1039,...

Voluntary DNA Cheek Swabs Affirmed as Reasonable Searches under the Fourth Amendment and Indiana Constitution

Date: Jul 1, 2011

Voluntary DNA Cheek Swabs Affirmed as Reasonable Searches under the Fourth Amendment and Indiana Constitution Introduction In the landmark case of Arturo Garcia-TORRES v. STATE of Indiana, the...

Indiana Supreme Court Revises Child Molestation Sentencing: Pierce v. State

Date: Jun 30, 2011

Indiana Supreme Court Revises Child Molestation Sentencing: Pierce v. State Introduction In the landmark case of Pierce v. State, the Supreme Court of Indiana addressed the appropriateness of a...

Admissibility of Juvenile Confessions and the Importance of Meaningful Parental Consultation: Analysis of D.M. v. STATE of Indiana

Date: Jun 23, 2011

Admissibility of Juvenile Confessions and the Importance of Meaningful Parental Consultation: Analysis of D.M. v. STATE of Indiana Introduction The case of D.M., Appellant v. State of Indiana,...

CURTIS v. STATE: Clarifying Due Process and Rule 4(C) in Criminal Proceedings

Date: Jun 15, 2011

CURTIS v. STATE: Clarifying Due Process and Rule 4(C) in Criminal Proceedings Introduction CURTIS v. STATE, decided by the Supreme Court of Indiana on June 14, 2011, is a pivotal case that addresses...

Indiana Supreme Court Establishes Reasonable Conduct Standard for Sports Participant Liability in Negligence Claims

Date: May 19, 2011

Indiana Supreme Court Establishes Reasonable Conduct Standard for Sports Participant Liability in Negligence Claims Introduction In the case of Cassie E. Pfenning v. Joseph E. Lineman, Whitey's 31...

No-Knock Warrants and Judicial Authorization: Insights from LACEY v. STATE

Date: May 11, 2011

No-Knock Warrants and Judicial Authorization: Insights from LACEY v. STATE Introduction Cornelius Tyrone Lacey, Sr. v. State of Indiana is a pivotal case decided by the Supreme Court of Indiana on...

Admissibility of Probation Evidence and Limits of Judicial-Temperance Presumption Affirmed in KONOPASEK v. STATE

Date: May 6, 2011

Admissibility of Probation Evidence and Limits of Judicial-Temperance Presumption Affirmed in KONOPASEK v. STATE Introduction KONOPASEK v. STATE, 946 N.E.2d 23 (Ind. 2011), is a landmark decision by...

Appellate Deference in Custody Modification: Indiana Supreme Court Affirms Sole Custody to Father

Date: Feb 9, 2011

Appellate Deference in Custody Modification: Indiana Supreme Court Affirms Sole Custody to Father Introduction In the case of Mariea L. Best v. Russell C. Best (941 N.E.2d 499), the Supreme Court of...

Indiana Supreme Court Reaffirms Uniform-Contract-Interpretation Approach in Multistate Insurance Policy Disputes

Date: Dec 30, 2010

Indiana Supreme Court Reaffirms Uniform-Contract-Interpretation Approach in Multistate Insurance Policy Disputes Introduction The Supreme Court of Indiana addressed a pivotal case involving the...

Affirmation of Death Sentence in KUBSCH v. STATE: Analysis of Prosecutorial Misconduct and Ineffective Assistance Claims

Date: Oct 6, 2010

Affirmation of Death Sentence in KUBSCH v. STATE: Analysis of Prosecutorial Misconduct and Ineffective Assistance Claims Introduction Wayne D. KUBSCH v. STATE of Indiana, 934 N.E.2d 1138 (Ind. 2010),...

Affirmation of Dissolution Court's Exclusive Jurisdiction Over Paternity Matters in In re the Matter of Paternity of P.S.S.

Date: Oct 6, 2010

Affirmation of Dissolution Court's Exclusive Jurisdiction Over Paternity Matters in In re the Matter of Paternity of P.S.S. Introduction The case of In re the Matter of PATERNITY of Petitioner,...

Reversal of Parental Rights Termination in J.H. v. Indiana Department of Child Services

Date: Oct 6, 2010

Reversal of Parental Rights Termination in J.H. v. Indiana Department of Child Services Introduction J.H. v. Indiana Department of Child Services (934 N.E.2d 1127), adjudicated by the Supreme Court...