A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.
L. Weissmann
Gliva v. State, No. 21A-CR-332, __ N.E.3d __ (Ind. Ct. App., Oct. 7, 2021).
The unaware prong of the sexual battery statute — Ind. Code § 35-42-4-8(a)(2) — applies when the victim lacks knowledge or acquaintance of the touching or is unconscious of the touching as the touching is occurring. Unawareness that the touching is going to occur alone does not satisfy the provision.
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.
Holsten v. Faur, No. 20A-CT-2072, __ N.E.3d __ (Ind. Ct. App., July 8, 2021).
If medical malpractice plaintiff’s proposed complaint for the medical review panel does not encompass a particular theory of negligence, the trial court lacks subject matter jurisdiction over that theory of negligence.
Mosley v. State, 20A-CR-2094, __ N.E.3d __ (Ind. Ct. App., May 21, 2021).
A no-contact order cannot be issued to protect a deceased person and probation cannot be revoked based on violation of that void order.