Revised criminal code’s habitual-offender provision does not apply retroactively to offense committed before July 1, 2014 effective date.
Anderson v. State, No. 79A02-1501-CR-10, ___ N.E.3d ___ (Ind. Ct. App. June 30, 2015).
“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).