When there is no indication of possible criminal activity, a citizen who walks away after a police officer orders him to stop does not commit the crime of resisting arrest by departing.
“[I]n the absence of statutory authority, a court may not impose community service in lieu of costs and fees.”
McGee v. McGee, No. 45A04-1301-DR-33, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2013).
A guardian cannot file a petition for dissolution of marriage on behalf of his or her ward.
Ott v. State, No. 20A05-1306-CR-270, __ N.E.2d __ (Ind. Ct. App., Oct. 16, 2013).
Statute conferring discretion on court to convert a D felony to an A misdemeanor does not include convictions for offenses committed prior to July 1, 1977, when D felony classification became effective.
Ferguson v. O’Brien, No. 49A02-1211-CT-917, __ N.E.2d __ (Ind. Ct. App., Oct. 15, 2013).
The drafter of a will owes a fiduciary duty to intended beneficiaries even though he may not have known their names when he drafted the will.
Estate of Mayer v. Lax, Inc., No. 37A03-1207-PL-323, __ N.E.2d __ (Ind. Ct. App., Oct. 7, 2013).
-Termination of a cause of action against an alleged agent-tortfeasor because of death does not require termination of a cause of action against the agent’s principal.
-Punitive damages should not be imposed against a corporation strictly on the basis of respondeat superior for an employee’s misconduct; there must be evidence of positive or collusive action by the employer.