A juror’s deceptive and false answers on a juror questionnaire which prevents the defense from investigating whether said juror is impartial entitles a defendant to a new trial.
Loehrlein v. State, No. 19A-CR-737, __ N.E.3d __ (Ind. Ct. App., Feb. 21, 2020).
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Allen v. State, No. 19A-XP-1013, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).
Expungement prohibition for those convicted of a felony that resulted in serious bodily injury to another person only applies if serious bodily injury is an element of the offense.
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Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).
Bank can elicit foundational testimony for a business record from a witness even if the witness was not present at the time a document was created, if the witness has a functional understanding of the record keeping process of the business with respect to the specific entry, transaction, or declaration contained in the document
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Berg v. Berg, No. 19A-DC-3038, __ N.E.3d __ (Ind. Ct. App., July 15, 2020).
Trial court improperly granted a T.R. 60(B) motion alleging that an account was omitted from a balance sheet used at mediation because it relied on inadmissible evidence from mediation.
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Reece v. Tyson Fresh Meats, Inc., No. 20A-CT-214, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2020).
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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H.H. v. S. H., No. 20A-PO-926, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2020).
Ind. Code § 34-26-5-9(f) does not require that the trial court make a particularized finding to support a deviation from the stated two-year term when issuing a protective order.
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Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.
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In re Change of Name and Gender of H.S., No. 21A-MI-884, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2021).
When a parent seeks a change of gender marker for a child, it must be accompanied by a best interests analysis and include more than conclusory testimony.
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Paul v. State, 21A-CR-166, __ N.E.3d __ (Ind. Ct. App., Sept. 21, 2021).
When a person has been simultaneously confined in connection with multiple causes and the court must impose consecutive sentences across those causes, Indiana law requires the trial court to (1) calculate credit time at the rate associated with the first sentence in the sequence of sentences and (2) allocate the time to that first sentence.
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Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
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