Defendant’s conviction for strangulation committed while engaging in a rape for which he was also convicted should have been vacated under the actual evidence test on double jeopardy grounds instead of the continuous crime doctrine.
In re Guardianship of Xitumel, No. 19A-GU-948, __ N.E.3d __ (Ind. Ct. App., Nov. 20, 2019).
Guardianship was necessary even though uncle held a foreign power of attorney. The trial court should have granted the petition for guardianship and included thorough special immigrant juvenile (SIJ) findings
Strickholm v. Anonymous Nurse Practitioner, No. 19A-MI-696, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2019).
It is a genuine issue of material fact as to whether an appointment to check blood pressure and review of those results was considered medical care to delay the statute of limitations.
Innovative Therapy Solutions Inc., v. Greenhill Manor Management, LLC, No. 19A-CC-1717, __ N.E.3d __ (Ind. Ct. App., Nov. 25, 2019).
Default judgment was not void for lack of personal jurisdiction because the complaint was missing the affidavit of debt; trial court properly issued a notice to the parties allowing plaintiff to submit an affidavit of debt without amending the complaint.
A.M. v. State, No. 19S-JV-603, __ N.E.3d __ (Ind., Nov. 12, 2019).
A court should evaluate a juvenile’s claim of ineffective counsel in a delinquency disposition-modification hearing by using a due process standard; it should consider counsel’s overall performance to determine if the child received a fundamentally fair hearing resulting in a disposition that served his best interests.