Indiana Code section 29-1-2-7(b), which governs paternal inheritance to, through, and from a child born out of wedlock, requires a child to show she is a child born out of wedlock; because there was a genuine issue of material fact as to whether the child in this case was a child born out of wedlock, trial court erred in granting summary judgment in the child’s favor.
N. Vaidik
Walker v. State, No. 71A03-1003-CR-115, __ N.E.2d __ (Ind. Ct. App., Aug. 17, 2010)
“Continuing crime doctrine” did not apply to distinct crimes.
Paloutzian v. Taggart, No. 49A02-0908-CV-817, ___ N.E.2d ___ (Ind. Ct. App., Aug. 13, 2010)
The 2003 amendment to Ind. Code § 30-4-2.1-2, which abrogated the stranger to the adoption rule, applies retroactively to a trust created in 1953 before the settlor’s son adopted two children.
Vest v. State, No. 49A02-0912-CR-1276, __ N.E.2d __ (Ind. Ct. App., July 21, 2010)
Resisting efforts of several police officers to make an arrest was a single offense, not three, of resisting law enforcement, so that there was no need for a “unanimity” instruction requiring jurors to agree that a particular officer’s efforts were resisted.
Taylor v. State, No. 71A04-1001-PC-6, __ N.E.2d __ (Ind. Ct. App., July 9, 2010)
Officers’ warrantless search of home to determine whether there was an additional occupant who could have fired a weapon was a valid protective sweep.