In the Richmond Hill explosion murder case, the evidence was sufficient to support the murder convictions and the statutory aggravator; the trial court properly refused to include the lesser-included jury instruction; and, Indiana’s life without parole statute is constitutional.
Civil
In re the Name Change of A.L, No. 79A02-1703-MI-473, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2017).
No statutory requirement exists requiring publication of notice of intent to change gender marker. Although there is a statutory requirement to publish notice of intent to change one’s name, the record can be sealed and publication waived under Admin. Rule 9 if there is a showing of “a significant risk of substantial harm” for a transgender person to change name.
City of Fort Wayne v. Southwest Allen County Fire Protection District, No. 02A05-1612-PL-2883, __ N.E.3d __ (Ind. Ct. App., Aug. 10, 2017).
Trial court had subject matter jurisdiction over annexation issue. “Although annexation inevitably affects the allocation of tax revenue among units of government within the annexed area, it does not automatically follow that an action for a declaratory judgment with respect to an annexation statute arises under Indiana tax law and involves a dispute as to the interpretation of a tax law.”
Edwards v. Edwards, No. 64A03-1608-DR-1954, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
Dissolution court had jurisdiction over the disbursement of pension and retirement benefits after the death of one of the parties to the dissolution.
Tucker v. Tom Raper, Inc., No. 89A01-1702-CC-463, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2017).
The trial court erred in dismissing alleged third-party beneficiaries’ complaint for failing to comply with T.R. 9.2(A) and attaching a written contract to their complaint; third-party beneficiary status is not solely dependent upon a written contract.