Although the defendant deprived the restaurant of the value of the food and drink consumed when he could not pay the bill, the conviction was reversed because the state failed to prove that he had the requisite intent to commit theft.
Appeals
Fearman v. State, No. 49A04-1704-CR-802, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2017).
Defendant’s multiple acts of contemptuous behavior constitute a single contemptuous episode, and his sentence must be reduced to a six-month sentence because that is the maximum penalty allowed without a jury trial.
Powell v. Stuber, No. 71A03-1705-CT-967, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2017).
Trial court properly held, as a matter of law, that it is not foreseeable that a patron of a bar will be criminally attacked in the parking lot and then confront his assailants, placing himself at risk of further injury.
J.R. v. S.P., No. 31A04-1706-DC-1284, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2017).
Biological parent whose rights have been terminated cannot circumvent the law by filing a custody action under Ind. Code 31-17-2-3.
Sansbury v. State, No. 49A05-1704-CR-793, __ N.E.3d __ (Ind. Ct. App., Dec. 11, 2017).
Although vehicle was lawfully impounded, conviction for carrying a handgun without a license reversed because police did not conduct a valid inventory search of the impounded vehicle.