COVID-19 virus particles do not cause physical loss or damage to property so as to qualify as a covered loss under an insurance policy.
N. Vaidik
Expert Pool Builders, LLC v. Vangundy, No. 22A-PL-1499, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2023).
Defendant waived his appeal of the default judgment by failing to file a T.R. 60(B) motion to set aside the default judgment; a motion to correct error did not preserve the issue.
In re Guardianship of Weber v. Weber, No. 21A-GU-2680, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2022).
After trial court granted spouse’s spousal support for Medicaid purposes, trial court properly allowed Indiana Family and Social Services Administration (FSSA) to intervene; FSSA was entitled to relief from judgment because the facts did not support spousal maintenance.
Austin v. State, No. 22A-CR-1240, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2022).
Proof of the slightest penetration of the sex organ is sufficient to demonstrate a person performed other sexual misconduct with a child.
Crabtree v. State, No. 21A-CR-2752, __ N.E.3d __ (Ind. Ct. App., Dec. 1, 2022).
Terry-level reasonable suspicion is not an absolute necessity for a dog sniff of a hotel-room door. The degree of suspicion is just one factor to be considered under the general Litchfield balancing test.