Theft and auto theft are distinct offenses defined in different statutes, so that the “single larceny” rule does not prohibit convictions for both when the defendant simultaneously takes an automobile and other items of property.
Appeals
Engelking v. Engelking, No. 18A02-1206-DR-495, ___ N.E.2d ___ (Ind. Ct. App., Jan. 15, 2013).
Father had a duty to support children conceived during marriage by artificial insemination when the trial court found that father knowingly and voluntarily consented to the artificial inseminations.
Erwin v. HSBC Mortgage Svcs., Inc., No. 32A01-1202-CT-80, ___ N.E.2d ___ (Ind. Ct. App., Jan. 15, 2013).
Property mortgagor and property managers owed no duty to a girl who drowned in the pool of an abandoned house.
Tipton v. State, No. 47A01-1201-CR-4, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
For purposes of Class C felony criminal recklessness shooting a firearm into an “inhabited dwelling,” a dwelling is “inhabited” “if someone is likely to be inside,” even if it is shown that in fact no one was inside at the time of the shooting.
Austin v. State, No. 20A03-1112-CR-588, __ N.E.2d __ (Ind. Ct. App., Dec. 21, 2012).
Trial court properly found that defendant could not be tried on the seventieth day under his Criminal Rule 4(B) motion when there was a contested child support hearing scheduled for that day and the continuance of the defendant’s earlier scheduled trial date did not leave time for summoning jurors or for state witness subpoenas.