#Indiana criminal case motion to dismiss trial

When a sole defendant dies in a case, the matter is stayed so that the proper parties can be substituted. Under Indiana’s Survival Statute, “f an individual who is… liable in a cause of action dies, the cause of action survives and may be brought… against the representative of the deceased party…” and it can also “be continued… against the legal representatives… of the deceased.” Ind.

#Indiana criminal case motion to dismiss trial

On appeal the Indiana Court of Appeals first explained that a dismissal based upon a plaintiff’s failure to substitute a personal representative of a defendant’s estate as a defendant should not be analyzed under Indiana Trial Rule 12, but rather Indiana Trial Rules 25 and 41(E). The trial court granted Wanda’s Estate’s motion to dismiss under Trial Rule 12(B) and Jennifer and Tyler appealed. Jennifer and Tyler opposed the motion and amended their complaint to add a claim for constructive trust, while continuing to name only Wanda as a defendant. Wanda’s estate then moved to dismiss Jennifer and Tyler’s lawsuit pursuant to Indiana Trial Rules 12(B)(2) (lack of personal jurisdiction), 12(B)(6) (failure to state a claim), and 12(B)(7) (failure to join a necessary party) because Jennifer and Tyler had not named the personal representatives of Wanda’s Estate as defendants. Wanda’s Estate intervened in the lawsuit, noting Wanda, “who was the original Defendant in the action,” had passed. While Jennifer and Tyler amended their lawsuit to add a count for a state interpleader action for the life insurance proceeds, they did not name the personal representatives of Wanda’s Estate. Wanda thereafter died, and after her death, two individuals were appointed as personal representatives of her estate and the life insurance proceeds were transferred to state court to be distributed pending the outcome of Jennifer and Tyler’s lawsuit. The life insurance company had already filed an interpleader action in federal court depositing the $300,000 in life insurance proceeds with the court.

Jennifer and Tyler alleged Wanda killed Jeffrey to collect on his $300,000 life insurance policy. Bichler, Jennifer Ivy and Tyler Bichler sued their stepmother, Wanda Bichler, for the death of their father, Jeffrey Bichler. The Indiana Court of Appeals recently revived a dismissed wrongful death case brought by two stepchildren against their stepmother for the death of their father.