To be classified as a serious violent felon, a defendant must have been convicted of a statutory listed felony. If a defendant’s qualifying felony conviction is reduced to a misdemeanor by virtue of the AMS statute, a defendant would no longer qualify as a serious violent felon.
Appeals
Salmon v. Tafelski, No. 23A-CT-2173, __ N.E.3d __ (Ind. Ct. App., May 17, 2024).
Where a remedy is available and adequate under the probate code, the heir of a decedent who died intestate does not have the authority to maintain an independent claim for tortious interference with an inheritance outside the probate estate.
Campbell v. Campbell, No. 23A-CT-2178, __ N.E.3d __ (Ind. Ct. App., May 8, 2024).
While domestic violence is of general public interest, where the allegations concern private conduct by private individuals and attract no public interest on their own, the anti-SLAPP defense for a defamation claim does not apply.
Converging Capital, LLC v. Steglich, No. 23A-CC-2854, __ N.E.3d __ (Ind. Ct. App., May 1, 2024).
There is no limitations period for the initiation of proceedings supplemental.
Roush v. Roush, No. 23A-DC-2290 __ N.E.3d __ (Ind. Ct. App., May 2, 2024).
Trial court abused its discretion when it granted attorney’s motion to withdraw in violation of T.R. 3.1(H). No prejudice would have resulted to the other party had the trial court continued the hearing by 10 days to give the required party notice of her attorney’s intent to withdraw.