Small claims court did not have subject-matter jurisdiction to evict someone buying a house on contract; the property was worth more than $10,000 and the dispute was to ownership of the house.
Appeals
NFI Interactive Logistics, LLC v. Bruski, No. 24S-CR-217, __ N.E.3d __ (Ind. Ct. App., June 26, 2024).
Trial court properly denied TR 12(B)(6) motion; the complaint encompasses viable claims premised on the failure to warn after potentially contributing to a hazard on the road, and the failure to comply with the statute requiring driver to turn on emergency flashers and place warning devices behind his vehicle.
In re I.E., No. 23A-JC-2399, __N.E.3d __ (Ind. Ct. App., June 24, 2024).
When the permanency plan for a child adjudicated a CHINS provides for appointment of a guardian under Ind. Code 31-34-21-7.7, the filing of a guardianship petition and notice of the petition and hearing are statutory prerequisites for appointment of a permanent guardian. The trial judge cannot “open” the guardianship without a guardianship petition and notice.
Feeman v. State, No. 23A-CR-2503, __ N.E.3d __ (Ind. Ct. App., June 24, 2024).
When a defendant is charged with a crime against another person, the victim’s identity is a material element of the offense that the State must specifically allege in the charging information and then prove beyond a reasonable doubt.
Anderson v. State, No. 24A-CR-152, __ N.E.3d __ (Ind. Ct. App., June 24, 2024).
The affirmative defense of human trafficking does not negate any elements of a prostitution charge; rather, it operates by entirely excusing the culpability for engaging in prostitution. Accordingly, a defendant may properly be assigned the burden to prove the defense by a preponderance of evidence.