Indiana’s Sex Offender Registration Act did not violate ex post facto clause of the Indiana Constitution as applied to defendant. SORA did not exist at the time of defendant’s 1991 conviction in Washington, but Washington law imposed similar registration requirements; thus, applying SORA after defendant moved here in 2003 imposed no new punishment.
Rogers v. Martin, No. 02A05-1506-CT-520, __ N.E.3d __ (Ind. Ct. App., Dec.14, 2015).
A social host has the duty to render aid to a guest.
Knighten v. E. Chicago Housing Authority, No. 45S04-1512-CT-686, __ N.E.3d __ (Ind., Dec. 8, 2015).
Genuine issues of material fact on whether employer should be liable under the theory of respondeat superior precluded summary judgment.
Kunberger v. State, No. 02A03-1505-CR-304, ___ N.E.3d ___ (Ind. Ct. App. Dec. 2, 2015).
Convictions by open guilty plea for criminal confinement, strangulation, and domestic battery did not violate double jeopardy under the actual evidence test. Defendant could not show that all three offenses were based on a single act of strangulation, because his factual basis admitted only the bare elements of each offense, and facts in the probable cause affidavit showed a time span and course of conduct that could have provided separate and distinct facts for each offense.
Pattison v. State, No. 27A05-1411-CR-517, ___ N.E.3d ___ (Ind. Ct. App. Dec. 4, 2015).
Jury instruction in OWI was fundamental error, when it impermissibly shifted burden from State to Defendant on the only contested element.