When a defendant is charged with a crime against another person, the victim’s identity is a material element of the offense that the State must specifically allege in the charging information and then prove beyond a reasonable doubt.
N. Vaidik
Campbell v. Campbell, No. 23A-CT-2178, __ N.E.3d __ (Ind. Ct. App., May 8, 2024).
While domestic violence is of general public interest, where the allegations concern private conduct by private individuals and attract no public interest on their own, the anti-SLAPP defense for a defamation claim does not apply.
Rose v. State, No. 23A-CR-2139, __N.E.3d __ (Ind. Ct. App., Apr. 8, 2024).
A sex or violent offender must register, among other things, their username for any social networking web site. A website is a social networking web site if, among other things, it provides a member with the opportunity to communicate with another person. This element does not require the website to have a built-in messaging or chat function so long as it provides some way for a member to contact another person.
Marroquin v. Reagle, No. 23A-MI-2545, __ N.E.3d __ (Ind. Ct. App., Feb. 23, 2024).
When defendant was convicted of a crime in Indiana that does not require sex offender registration and then moves to a state that did require sex offender registration, the defendant is not required to register when moving back to Indiana.
Konkle v. State, No. 23A-CR-783, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2024).
The eggshell-skull doctrine does not apply in cases of murder or voluntary manslaughter. The relevant statutes require that the defendant either must intend to kill the victim or know that his actions will likely result in the victim’s death, which is inconsistent with the proposition that you take your victim as you find them.