Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.
Appeals
Walker v. State, No. 71A03-1003-CR-115, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2010)
“Continuing crime doctrine” did not apply to distinct crimes.
In re Paternity of P.B., No. 03A01-1001-JP-5, ___ N.E.2d ___ (Ind. Ct. App., Aug. 16, 2010)
Trial court erred in imposing a clear-and-convincing-evidence standard with respect to Mother’s motion to modify and terminate Father’s parenting time.
Hematology-Oncology of Indiana v. Fruits, No. 49A05-0910-CV-556, ___ N.E.2d ___ (Ind. Ct. App., Aug. 18, 2010)
Attorney fees, costs, and expenses are recoverable damages under the Wrongful Death Act and the Adult Wrongful Death Act. NOTE: This opinion conflicts with McCabe v. Commissioner, Ind. Dep’t of Ins., reported in the July 23, 2010 issue of Case Clips.
Curtis v. State, No. 49A02-0911-CR-1106, ___ N.E.2d ___ (Ind. Ct. App., Aug. 5, 2010)
Where it is undisputed that defendant will never recover from his mental illness and will never become competent to stand trial, it was a violation of due process to deny his motion to dismiss the criminal charges pending against him.