Battering v. State, No. 18A-CR-2309, __ N.E.3d __ (Ind. Ct. App., Oct. 11,...
The defendant was not entitled to discharge under Criminal Rule 4(C) as trial-court proceedings were “stayed” when the trial court authorized an interlocutory appeal by the State and vacated the...
View ArticleWeikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct....
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.
View ArticleIn re Guardianship of Luis, No. 19A-GU-1276, __ N.E.3d __ (Ind. Ct. App.,...
For Special Immigrant Juvenile status, trial courts are required to consider and make findings on two statutory elements: (1) is reunification with one or both parents viable due to abuse, neglect,...
View ArticleWatson v. State, No. 19A-CR-49, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2019).
The one-year speedy trial deadline includes cases involving habitual offender adjudications, and after nearly six and two-thirds years of inexplicable delay—with at least one year of delay directly...
View ArticleSchenke v. State, No. 19A-CR-733, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2019).
Where defendant filed a motion for indigent counsel but failed to appear at a hearing to consider that motion, trial court improperly denied his motion and required that he proceed pro se without...
View ArticleBean v. State, No. 19A-CR-225, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2020).
A second or subsequent pat down search must by supported by specific and articulable facts that the suspect is armed and dangerous or incident to arrest.
View ArticleCook v. State, No. 19A-CR-2225, __ N.E.3d __ (Ind. Ct. App., Mar. 31, 2020).
Statements to a witness in a pending action to “bow out” to not “lose anything in the end” is sufficient to sustain a conviction for attempted obstruction of justice.
View ArticleBlackford v. Welborn Clinic, No. 19A-CT-2054, __ N.E.3d __ (Ind. Ct. App.,...
A nonclaim statute may be tolled in cases of fraudulent concealment.
View ArticleShorter v. State, No. 19A-CR-2904, __ N.E.3d __ (Ind. Ct. App., July 6, 2020).
That officers knew defendant wanted to leave town was an exigent circumstance justifying defendant’s warrantless arrest.
View ArticleReece v. Tyson Fresh Meats, Inc., No. 20A-CT-214, __ N.E.3d __ (Ind. Ct....
Defendant was not negligent when its grass grew so high that the grass blocked the view at the intersection because the “dangerous condition” was confined to defendant’s property.
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