Defendant’s conviction for strangulation committed while engaging in a rape for which he was also convicted should have been vacated under the actual evidence test on double jeopardy grounds instead of the continuous crime doctrine.
Appeals
In re Guardianship of Xitumel, No. 19A-GU-948, __ N.E.3d __ (Ind. Ct. App., Nov. 20, 2019).
Guardianship was necessary even though uncle held a foreign power of attorney. The trial court should have granted the petition for guardianship and included thorough special immigrant juvenile (SIJ) findings
Strickholm v. Anonymous Nurse Practitioner, No. 19A-MI-696, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2019).
It is a genuine issue of material fact as to whether an appointment to check blood pressure and review of those results was considered medical care to delay the statute of limitations.
Innovative Therapy Solutions Inc., v. Greenhill Manor Management, LLC, No. 19A-CC-1717, __ N.E.3d __ (Ind. Ct. App., Nov. 25, 2019).
Default judgment was not void for lack of personal jurisdiction because the complaint was missing the affidavit of debt; trial court properly issued a notice to the parties allowing plaintiff to submit an affidavit of debt without amending the complaint.
J.S. v. State, No. 19A-CR-733, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2019).
Where defendant filed a motion for indigent counsel but failed to appear at a hearing to consider that motion, trial court improperly denied his motion and required that he proceed pro se without giving sufficient warning about the perils of self-representation, and by not inquiring as to his indigency.