Only “clear and convincing evidence of a different intention at the time the account is created” can prove that a joint ownership account should be part of decedent’s estate (and not pass to the living joint owner).
Appeals
Jerden v. State, No. 07A05-1410-CR-498, ___ N.E.3d ___ (Ind. Ct. App., June 19, 2015).
Trial court erred in reporting four driving-offense guilty verdicts to the BMV when it had entered convictions on only two counts and merged the other two on double-jeopardy grounds.
Johnson v. State, No. 49A02-1409-CR-409, ___ N.E.3d ___ (Ind. Ct. App., June 23, 2015).
Pat-down was permissible under the federal and State constitutions when defendant said he had no ID, then placed his hand in his pocket and repeatedly refused commands to remove it.
Jordan v. State, No. 49A04-1410-CR-467, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
Loud accusations that traffic stop was racially motivated could not support conviction for disorderly conduct; statements were protected political speech and constituted no more than “fleeting annoyance” to bystanders.
Johnson v. State, No. 48A05-1408-CR-390, ___ N.E.3d ___ (Ind. Ct. App., June 25, 2015).
2014 amendment to sentence-modification statute did not apply retroactively; therefore, defendants’ petitions were properly denied for lack of prosecutorial consent.