“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.
Appeals
Johnson v. State, No. 01A02-1501-CR-25, ___ N.E.3d ___ (Ind. Ct. App., July 1, 2015).
Criminal Trespass statute is not unconstitutionally vague as applied to common area immediately outside of trespass victim’s apartment.
Estate of Herin v. Herin, No. 39A05-1411-ES-537, __N.E.3d __ (Ind. Ct. App., June 29, 2015).
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).
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.