Parents have authority to petition to change the gender marker of their child on the child’s birth certificate. The appropriate standard is whether the change is in the child’s best interests.
Appeals
Harvey v. Keyed In Property Management, LLC, No. 20A-SC-1459, __ N.E.3d __ (Ind. Ct. App, Feb. 26, 2021).
Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.
Wilder v. DeGood Dimensional Concepts, Inc., No. 20A-PL-1100__ N.E.3d __ (Ind. Ct. App, Feb. 16, 2021).
While a trial court can take judicial notice of reasonable attorney’s fees in routine cases involving relatively small amounts, the trial court abused its discretion when it awarded appellate attorney’s fees in a reduced hourly amount with no evidence to support the reduced rate.
Brown v. State, 19A-MI-1999, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2021).
Amendment of Ind. Code § 35-33-5-7 to include subsection (f) was a remedial measure intended to clarify that a search warrant is considered “executed” for purposes of Ind. Code § 35-33-5-7 when officers seize the items described in the search warrant.