Although the defendant deprived the restaurant of the value of the food and drink consumed when he could not pay the bill, the conviction was reversed because the state failed to prove that he had the requisite intent to commit theft.
Fearman v. State, No. 49A04-1704-CR-802, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2017).
Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Dec. 12, 2017).
In re D.J. v. Ind. Dep’t of Child Servs. did not relax the procedural requirements for appellate jurisdiction. The prerequisites for appellate jurisdiction are entry of an appealable order by the trial court and the trial court clerk’s entry of the notice of completion of the clerk’s record on the chronological case summary.
Powell v. Stuber, No. 71A03-1705-CT-967, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2017).
Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.
J.R. v. S.P., No. 31A04-1706-DC-1284, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2017).
Biological parent whose rights have been terminated cannot circumvent the law by filing a custody action under Ind. Code 31-17-2-3.