The Indiana Supreme Court reiterated in Wadle, that an offense is factually included when the charging instrument alleges that the means used to commit the crime charged include all of the elements of the alleged lesser included offense. Here, juvenile’s adjudications for possession of a machine gun and dangerous possession of a firearm were factually included and thus, entry of judgment on both counts was a violation of double jeopardy.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 21S-CT-409, __ N.E.3d __ (Ind., July 19, 2022).
A trial court’s order on a repetitive motion or a motion to reconsider is an “other interlocutory order” under App. Rule 14(B).
The Court also creates a legal framework for determining whether good cause exists to limit or prohibit the deposition of a high-ranking official.
City of Gary v. Nicholson, No. 22S-MI-252, __ N.E.3d __ (Ind., July 21, 2022).
Because plaintiffs allege no injury, they have no standing to challenge city ordinance.
Erie Ins. Exchange v. Craighead, No. 21A-CT-2871, __ N.E.3d __ (Ind. Ct. App., July 12, 2022).
Medical payments coverage does not reduce an uninsured/underinsured motorist (“UIM”) coverage obligation.
In re Civil Commitment of L.B., No. 22A-MH-153, __ N.E.3d __ (Ind. Ct. App., July 15, 2022).
A trial court must expressly find, on the record, that a civil-commitment respondent is capable of knowingly, voluntarily, and intelligently waiving the right to counsel before accepting the respondent’s waiver of that right.