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.
E. Tavitas
Davis v. State, 21A-CR-52, __ N.E.3d __ (Ind. Ct. App., July 15, 2021).
Revision of a sentence under Indiana Appellate Rule 7(B) requires the appellant to demonstrate that his sentence is inappropriate in light of the nature of the offense and the character of the offender; failure to address both prongs results in waiver of appropriateness review.
Atkins v. Crawford County Clerk’s Office, No. 20A-MI-2160, __ N.E.3d __ (Ind. Ct. App., June 1, 2021).
Trial court improperly denied a motion to waive the filing fee when plaintiff filed a verified affidavit of indigency with documentation of her cash assets. If the trial court had any doubt about plaintiff’s indigency, the trial court could have waived the filing fee, and, upon a later discovery that the litigant has the means to pay, order reimbursement of the waived fee; or a trial court may hold a hearing to examine the litigant’s potential indigency.
AO Alfa-Bank v. Doe, No. 20A-MI-2352, __ N.E.3d __ (Ind. Ct. App., May 19, 2021).
Court did not have subject matter jurisdiction to consider a motion to quash an out-of-state subpoena which had not been domesticated.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 20A-CT-1069, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.