For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.
N. Vaidik
State v. Hargrave, No. 82A01-1504-CR-137, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2016).
A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.
Kevin T. Scripture, M.D. et al. v. Julia and Steven Roberts, No. 49A02-1504-CT-211, ___ N.E.3d ___, (Ind. Ct. App. Feb. 1, 2016).
Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.
Powell v. State, No. 49A02-1503-CR-135, ___ N.E.3d ___ (Ind. Ct. App. Oct. 27, 2015).
Trespass conviction was reversed for insufficient evidence that the defendant was still on a bar’s property at the time he was told to leave.
A.M. v. Ind. Dep’t of Child Servs., No. 20A03-1502-JT-61, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2015).
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent.