Gonzalez v. State, No. 52A02-1306-CR-526, __ N.E.2d __ (Ind. Ct. App., Feb....
Restitution sentence for payment to workman’s compensation insurer of amounts it paid for victim’s medical treatment and lost wages was proper, but restitution could not be ordered for the permanent...
View ArticleWysocki v. Johnson, No. 45A03-1309-CT-385, __ N.E.2d __ (Ind. Ct. App., March...
The Indiana Crime Victims Relief Act is not applicable to the common-law tort of fraud.
View ArticlePowell v. Powell, No. 88A01-1402-PL-59, __ N.E.3d __ (Ind. Ct. App., July 3,...
“[W]hen property is conveyed to individuals by the entirety or entireties, regardless of whether those individuals are husband and wife, a presumption arises that the grantor intended to convey the...
View ArticleIn re I.B., No. 82A05-1402-AD-65, __ N.E.3d __ (Ind. Ct. App., Oct. 28, 2014).
A prospective adoptive parent’s prior conviction was not dispositive (Ind. Code § 31-19-11-1) and the children were entitled to an individualized determination of their best interests.
View ArticleIn re Change of Birth Certificate, No. 79A03-1403-MI-91, __ N.E.3d __ (Ind....
Trial court has authority to order amendment of gender on a birth certificate.
View ArticleJones v. State, No. 49A02-1406-CR-383, __ N.E.2d __ (Ind. Ct. App., Dec. 30,...
D felony assisting a criminal does not require State to prove defendant knew the level or type of felony the assisted person committed.
View ArticleMiller v. Danz, No. 49A05-1401-PL-45, __ N.E.3d __ (Ind. Ct. App., Feb. 11,...
“T.R. 17(F) permits the insertion of the name of a real party in interest ‘at any time.’ In cases where the statute of limitation has expired and the opposing party raises the expiration of the statute...
View ArticleBisard v. State, No. 02A03-1312-CR-492, __ N.E.3d __ (Ind. Ct. App., Mar. 4,...
Trial court’s indication it would consider defendant’s use of certain evidence as opening the door to evidence of defendant’s subsequent criminal conduct was not a ruling admitting the subsequent...
View ArticleGrant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d...
Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.
View ArticleSchaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8,...
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
View ArticleJohnson v. State, No. 01A02-1501-CR-25, ___ N.E.3d ___ (Ind. Ct. App. July 1,...
Criminal Trespass statute is not unconstitutionally vague as applied to common area immediately outside of trespass victim’s apartment.
View ArticleFirst Bank of Whiting v. 524, LLC, No. 45A04-1410-MI-476, __ N.E.3d __ (Ind....
To issue a tax deed pursuant to Ind. Code § 6-1.1-25-4.6(b) “there is implicit in the statute a sixth condition, which is that the petitioner is legally entitled to a tax deed after completing all of...
View ArticleParkview Hospital v. Frost, No. 02A03-1507-PL-959, __ N.E.3d __ (Ind. Ct....
Evidence of discounts provided to patients who either have private health insurance or are covered by government healthcare reimbursement programs is relevant, admissible evidence regarding the...
View ArticleState v. McHenry, No. 35A04-1609-CR-2080, __ N.E.3d __ (Ind. Ct. App., April...
The state may not elevate a charge to burglary while armed with a deadly weapon for an individual who obtains a handgun as loot during the course of a burglary.
View ArticleMcCallister v. McCallister, No. 49D12-1606-DR-19232, __ N.E.3d __ (Ind. Ct....
Although under federal law the court could not order husband to change the beneficiary on his Air Force Survivor Benefit Plan as required by the Marital Settlement Agreement, the trial court can...
View ArticlePflugh v. Indianapolis Historic Preservation Comm’n, No. 18A-PL-351, __...
Neighbor lacks standing to challenge a rezoning decision unless he can show pecuniary or special injury.
View ArticleC.S. v. State, No. 18A-JV-862, __ N.E.3d __ (Ind. Ct. App., Sept. 19, 2018).
Ind. Code § 31-37-18-1.3 requires that a delinquent child be given notice of and an opportunity to be heard during a dispositional or modification hearing; however, the child is not required to be...
View ArticleHotep-El v. State, No. 18A-CR-477, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2018).
The trial court properly terminated self-representation of a sovereign citizen based on its conclusion that he sought to use the courtroom for deliberate disruption of the proceedings.
View ArticleStewart v. McCray, No. 19A-PL-149, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2019).
Trial court lacked subject matter jurisdiction in a dispute over church’s leadership.
View ArticleMcGowen v. Montes, No. 19A-CT-1707, __ N.E.3d __ (Ind. Ct. App., Aug. 6, 2020).
Defendant was rendering emergency care, for purposes of the Good Samaritan Law, when he stopped his vehicle and offered to call 911.
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