Those charged with misdemeanors waive their right to a jury trial unless they affirmatively assert it, however, the waiver must be made in a knowing, intelligent, and voluntary manner.
L. Weissmann
Cruz v. Cruz, No. 21A-DN-1954, __ N.E.3d __ (Ind. Ct. App., April 4, 2022).
Annulment and dissolution of marriage are separate causes of action; the trial court erred in finding an annulment petition was a mere amendment of the dissolution petition.
Bedtelyon v. State, No. 21A-CR-1952, __ N.E.3d __ (Ind. Ct. App., March 4, 2022).
To prove that material is obscene, the State must demonstrate that the medium in which the conduct was viewed depicts or describes sexual conduct in a patently offensive manner.
Waller v. City of Madison, No. 21A-PL-928, __ N.E.3d __ (Ind. Ct. App, Feb. 3, 2022).
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.
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.