To be a sexually violent predator as defined by Indiana Code Section 35-38-1-7.5, a defendant must have committed a crime that is substantially equivalent to the offenses listed in subsections (A) through (J) of the statute, and for child molesting “as a…Level 1, Level 2, Level 3, or Level 4 felony (for a crime committed after June 30, 2014)[.]”
Appeals
Anonymous Physician 1 v. White, No. 19A-CT-1262, __ N.E.3d __ (Ind. Ct. App., July 29, 2020).
Plaintiff, son who learned that physician had used physician’s own sperm rather than a medical school resident’s donor sperm to artificially inseminate his mother, sufficiently stated breach of contract and tort claims for which relief can be granted.
Hill v. Cox, No. 19A-DR-2701, __ N.E.3d __ (Ind. Ct. App., July 30, 2020).
Any overpayment of father’s child support obligation that occurred after daughter incurred medical debt should be credited toward father’s obligation for the medical debt.
Elliott v. State, No. 19A-CR-2498, __ N.E.3d __ (Ind. Ct. App., Jul. 17, 2020).
The clergyman privilege applies only to confidential communications made to a clergyman in the clergyman’s professional character as a spiritual adviser or counselor and confessions or admissions made to a clergyman in the course of discipline enjoined by the clergyman’s church.
Berg v. Berg, No. 19A-DC-3038, __ N.E.3d __ (Ind. Ct. App., July 15, 2020).
Trial court improperly granted a T.R. 60(B) motion alleging that an account was omitted from a balance sheet used at mediation because it relied on inadmissible evidence from mediation.