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Case Clips

Published by the Indiana Office of Court Services

Mitchell v. State, No. 21A-CR-2722, __ N.E.3d __ (Ind. Ct. App., May 25, 2022).

May 31, 2022 Filed Under: Criminal Tagged With: Appeals, E. Tavitas

To be convicted of battery by means of a deadly weapon, the statute requires only that the weapon is readily capable of causing serious bodily injury in the manner in which it was used, could be used, or was intended to be used; there is no requirement that the weapon caused such injury.

B.A. v. D.D., No. 22A-AD-147, __ N.E.3d __ (Ind. Ct. App., May 26, 2022).

May 31, 2022 Filed Under: Civil Tagged With: Appeals, E. Najam

Evidence that a man is not a child’s biological father, without more, is not dispositive of whether he is the child’s legal father or obviate the need for his consent to an adoption.

Fix v. State, No. 22S-CR-7, __ N.E.3d __ (Ind., May 16, 2022).

May 23, 2022 Filed Under: Criminal Tagged With: C. Goff, Supreme

Burglary is an ongoing crime that encompasses a defendant’s conduct inside the premises, terminating only when the unlawful invasion ends.

Carmouche v. State, No. 21A-CR-1666, __ N.E.3d __ (Ind. Ct. App., May 17, 2022).

May 23, 2022 Filed Under: Criminal Tagged With: Appeals, L. Weissmann

Those charged with misdemeanors waive their right to a jury trial unless they affirmatively assert it, however, the waiver must be made in a knowing, intelligent, and voluntary manner.

Yergy’s State Road BBQ, LLC v. Wells Co. Health Dept., No. 21A-PL-2593, __ N.E.3d __ (Ind. Ct. App., May 19, 2022).

May 23, 2022 Filed Under: Civil Tagged With: Appeals, R. Pyle

Trial court properly dismissed as moot a complaint regarding the Governor’s face mask requirement during COVID-19 because the executive order was no longer in place.

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Case Clips is a weekly publication of the Indiana Office of Court Services featuring appellate opinions curated by IOCS staff for Indiana judges.

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