“Rushing” a victim to gain unauthorized entry to a dwelling satisfies “force” element of burglary.
N. Vaidik
Mauch v. State, No. 06A01-1501-CR-16, ___ N.E.3d ___ (Ind. Ct. App., June 10, 2015).
Trial court abused its discretion in revoking defendant’s probation for failure to pay his restitution in full; defendant was elderly, unemployed, and in poor health, and was unable to obtain a reverse mortgage on his marital home because his wife refused to consent, but faithfully made monthly payments from his social-security income.
Gruber v. YMCA of Greater Indianapolis, No. 49A02-1410-CT-713, __N.E.3d __ (Ind. Ct. App., June 5, 2015).
The general rule that owners of domestic animals are liable only if the owner knows or has reason to know that the animal has dangerous propensities applies to all domestic animals – even pigs.
T.S. v. State, No. 49A02-1410-JV-739, __ N.E.3d __ (Ind. Ct. App., May 11, 2015).
Judicial estoppel does not apply against the state in juvenile delinquency proceedings.
Mathews v. State, No. 73A04-1406-CR-288, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2015).
Defendant waived his right of confrontation when he did not attend the victim’s trial deposition, conducted via Skype when she was in Louisiana, after he had been invited to attend.