Proof of the slightest penetration of the sex organ is sufficient to demonstrate a person performed other sexual misconduct with a child.
Appeals
Morgan v. Dickelman Ins. Agency, Inc., No. 22A-PL-892, __ N.E.3d __ (Ind. Ct. App., Dec. 30, 2022).
Summary judgment was appropriate for plaintiffs’ claims for breach of contract, promissory estoppel, negligence, and fraud against their insurance agency because plaintiffs did not review their easy-to-read, unambiguous insurance renewal certificates.
N.H. v. State, No. 22A-XP-1026, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2022).
The trial court erred by striking some of the language included in the expungement statute (Ind. Code s 35-38-9-10(c)) from its order granting expungement; the language should either by left in its entirety or left out in its entirety.
Teising v. State, No. 22A-CR-548, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2022).
The residency statutes illustrate that a person does not change residency by the mere fact of being physically present in another location; rather, the person must have intent to reside in the new location.
A.C. v. State, No. 22A-PC-1215, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2022).
In enacting the Vacatur Statute, the General Assembly determined that a trafficked person who meets the statutory elements should be entitled to have their conviction vacated. I.C. § 35-38-10-2. The relief is not discretionary if the statutory elements are met.