Continuity of ownership is necessary for the de-facto-merger and mere-continuation exceptions to apply to the buyer acquiring the seller’s assets, but not its liabilities.
G. Slaughter
Tate v. State, 19S-LW-444, __ N.E.3d __ (Ind., Jan. 28, 2021).
Defendant was sentenced to life without parole. The record contained substantial evidence of both the torture and child-molest aggravators on which the jury could reasonably rely. However, because there was a third unchallenged aggravator, torture and child-molest aggravators notwithstanding, any error would not have altered the jury’s recommendation or the trial court’s decision to impose life without parole
Holcomb v. City of Bloomington, No. 19S-PL-304, __ N.E.3d __ (Ind., Dec. 15, 2020).
City can challenge a statute in a declaratory judgment action against the Governor because the legislation challenged vested enforcement authority in the Governor.
Johnson v. State, 20S-CR-655, __ N.E.3d __ (Ind., Dec. 1, 2020).
Evidence of drug involvement, and whether the suspect and officer are in a confined space, are both part of the totality of the circumstances contributing to an officer’s reasonable belief that a subject is armed and dangerous as to permit a Terry frisk.
K.C.G. v. State, No. 20S-JV-263, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2020).
Juvenile Court lacked subject-matter jurisdiction when it adjudicated juvenile as a delinquent child for dangerously possessing a firearm, an act that would not be an offense if committed by an adult.