A conviction for burglary cannot be sustained if an alleged perpetrator enters a business open to the public during business hours, with intent to commit a felony or theft in it, due to a lack of evidence as to breaking.
Appeals
I.G. v. State, No. 21A-JV-479, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2021).
The odor of marijuana, by itself, is not enough to establish probable cause to arrest the occupants of a vehicle.
State v. Barnett, No. 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2021).
The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.
Denman v. St. Vincent Medical Group, Inc., No. 20A-PL-1236, __ N.E.3d __ (Ind. Ct. App., Aug. 18, 2021).
The Supreme Court’s emergency orders, issued because of COVID, did not toll the accrual of post-judgment interest.
Johnson v. Harris, No. 20A-CT-2384, __ N.E.3d __ (Ind. Ct. App., Aug. 23, 2021).
The Child Wrongful Death Statute (CWDS) does not authorize a personal representative to file a wrongful death claim for a child when a claim was never filed by the deceased parent. The legislative intent of the CWDS was to give parents the exclusive right to file a wrongful death action, except where both parents lacked custody of the child at the time of the child’s death.