“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.
Johnson v. State, No. 01A02-1501-CR-25, ___ N.E.3d ___ (Ind. Ct. App., July 1, 2015).
Criminal Trespass statute is not unconstitutionally vague as applied to common area immediately outside of trespass victim’s apartment.
Obergefell v. Hodges, No. 14–556, __ U.S. __ (June 28, 2015).
Same-sex couples may exercise the fundamental right to marry.
Estate of Herin v. Herin, No. 39A05-1411-ES-537, __N.E.3d __ (Ind. Ct. App., June 29, 2015).
Only “clear and convincing evidence of a different intention at the time the account is created” can prove that a joint ownership account should be part of decedent’s estate (and not pass to the living joint owner).
Miller v. Danz, No. 49S05-1506-PL-400, __N.E.3d __ (Ind., June 29, 2015).
“Where Trial Rule 15(C) addresses the relation back of amendments ‘changing the party against whom a claim is asserted,’ it requires that the party to be brought in by amendment ‘knew or should have known that but for a mistake concerning the identity of the proper party, the action would have been brought against him.’ T.R. 15(C) (emphasis added). In contrast, Trial Rule 17(C) applies where ‘the name or existence of a person is unknown.’ T.R. 17(F).”