Where a co-defendant in the same case has compensated the victim, the statutory restitution obligation has been satisfied and therefore, the non-paying co-defendant is eligible for expungement.
City of Bloomington Board of Zoning Appeals v. UJ-Eighty Corp., No. 21S-PL-77, __ N.E.3d __ (Ind., Feb. 23, 2021).
City did not delegate zoning authority to university, but defined fraternities and sororities in zoning law based on their relationship with the university.
In the Matter of the Change of Gender Identification of A.B., No. 20A-MI-1580, __ N.E.3d __ (Ind. Ct. App, Feb. 24, 2021).
Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
Harvey v. Keyed In Property Management, LLC, No. 20A-SC-1459, __ N.E.3d __ (Ind. Ct. App, Feb. 26, 2021).
Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.