As all small claims defenses are deemed at issue without a responsive pleading, a litigant wanting an “automatic” small claims change of judge must request it within 30 days of the date the case is placed on the CCS as having been filed.
N. Vaidik
Regalado v. Eastate of Regalado, No. 64A05-0911-CV-672, ___ N.E.2d ___ (Ind. Ct. App., Aug. 27, 2010)
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.
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.