Mack v. State, No. 39A-01-1401-CR-6, __ N.E.3d __ (Ind. Ct. App., Dec. 18,...
“Among other things, we hold that, in light of the facts and circumstances of this case, a lapse of at least ‘a few minutes’ between a declarant’s perception of an event and his statement describing...
View ArticleRodriguez v U.S. Steel Corp., No. 45A04-1407-CT-350, __ N.E.3d __ (Ind. Ct....
Company did not have a duty to the plaintiff when its employee fell asleep driving after his shift, crashing his car into the plaintiff.
View ArticleCupello v. State, No. 49A02-1406-CR-394, __ N.E.3d __ (Ind. Ct. App., Mar....
Homeowner prevailed with his “Castle Doctrine” statutory defense to a charge of battery on a law enforcement officer when the officer had unlawfully entered the home by putting his foot in the...
View ArticleGoodwin v. Yeakle’s Sports Bar & Grill, Inc., No. 27A02-1407-CT-526, __N.E.3d...
The bar owed its patrons a duty to take reasonable precautions to protect them from foreseeable criminal attacks of third parties.
View ArticleIn re J.W., Jr., No. 82A04-1408-JT-380, __N.E.3d __ (Ind. Ct. App., March 25,...
“Indiana Code Section 31-35-2-4(b)(2)(A)(iii) simply requires the DCS to demonstrate compliance with the statutory waiting period—namely, that a child has been removed from a parent for fifteen of the...
View ArticleJackson v. State, No. 34A01-1409-CR-455, __ N.E.2d __ (Ind. Ct. App., Mar....
Probation condition to report within forty-eight hours an arrest or charge for a “new criminal offense” was ambiguous as to whether it applied to an arrest or charge for an offense committed before the...
View ArticleBabchuk v. Indiana University Health Tipton Hospital, Inc., No....
It is the defendant’s burden to timely file a T.R. 41(E) motion to dismiss before the plaintiff resumes prosecution.
View ArticleM.M. v. State, No. 49A02-1409-JV-639, __ N.E.3d __ (Ind. Ct. App., April 22,...
A juvenile restitution order does not end on the juvenile’s discharge from probation, and action to collect the restitution may be taken after the probation ends.
View ArticleBrewer v. State, No. 82A05-1410-CR-458, ___ N.E.3d ___ (Ind. Ct. App., June...
Under Indiana’s statutory double jeopardy protections, defendant’s Kentucky convictions for receiving stolen property (a car) and fleeing/evading police (1) barred subsequent prosecution for having...
View ArticleJackson v. State, No. 48A02-1409-CR-670, ___ N.E.3d ___ (Ind. Ct. App., June...
(1) Because habitual-offender predicate offenses were not factually contested, trial judge who had prosecuted the predicate offenses was not required to recuse. (2) A “pattern of racketeering activity”...
View ArticleGrundy v. State, No. 49A02-1409-CR-665, ___ N.E.3d ___ (Ind. Ct. App. June...
Revised criminal code’s habitual-offender provision does not apply retroactively to offense committed before July 1, 2014 effective date.
View ArticleTaylor v. Taylor, No. 49A04-1502-DR-58, __ N.E.3d __ (Ind. Ct. App., Aug. 13,...
“[A]fter a relocation notice is filed, if a party seeks a modification of an existing child support order that party must also file a petition to modify child support.”
View ArticleRyan v. State, No. 49A02-1501-CR-2, ___ N.E.3d ___ (Ind. Ct. App., Aug. 26,...
Under Ind. Code § 35-33-9-5(c) and App. R. 18, defendants cannot earn credit time while released on appeal bond, regardless of allegedly onerous nature of bond conditions; instead, reasonableness of...
View ArticleR.B. v. State, No. 49A02-1502-JV-96, ___ N.E.3d ___ (Ind. Ct. App., Sept. 11,...
Under the Fourth Amendment, police could reasonably rely on minor’s mother’s consent to search minor’s bedroom in her home.
View ArticleAllen v. State, No. 49A05-1410-CR-501, ___ N.E.3d ___ (Ind., Oct. 14, 2015).
Even though defendant had notified the trial court of his incarceration on other charges at a pre-trial conference, he was not entitled to discharge under Criminal Rule 4(C). All but 363 days of delay...
View ArticleBerg v. State, No. 32A01-1504-CR-127, ___ N.E.3d ___ (Ind. Ct. App. Oct. 30,...
Convictions for D-felony OWI (elevated from A-misdemeanor OWI with endangerment because of a prior OWI conviction) and B-misdemeanor reckless driving did not violate Richardson actual-evidence double...
View ArticleMoore v. State, No. 29A02-1507-CR-866, ___ N.E.3d ___ (Ind. Ct. App. Nov. 6,...
Evidence was sufficient to convict defendant of failure to register as a sex offender, even though he had moved to Kentucky and was no longer an Indiana resident, because as under I.C. §...
View ArticleHilligoss v. State, No. 34A02-1506-CR-529, ___ N.E.3d ___ (Ind. Ct. App. Nov....
Failing to advise defendant of constitutional rights before accepting his admission to violating probation is a fundamental violation of due process, requiring remand for new revocation hearing....
View ArticleLewis v. State, No. 49A02-1504-CR-193, ___ N.E.3d ___ (Ind. Ct. App. Nov. 30,...
Fleeing from police by auto, then by foot, was one continuous act of fleeing and therefore, under federal double jeopardy principles, could support only one conviction for resisting law enforcement.
View ArticleD.A. v. State, No. 48A02-1504-MI-215, ___ N.E.3d ___ (Ind. Ct. App. Dec. 31,...
Trial court, having expunged defendant’s convictions, should also have granted defendant’s request to expunge the records of a civil forfeiture proceeding that arose from the same facts underlying the...
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