When defendant was convicted of a crime in Indiana that does not require sex offender registration and then moves to a state that did require sex offender registration, the defendant is not required to register when moving back to Indiana.
Civil
Starr Indemnity & Liability Co. v. NIBCO, Inc., No. 23A-PL-1343, __ N.E.3d __ (Ind. Ct. App., Feb. 26, 2024).
When relief was not available under T.R. 60(B), the trial court could not reinstate the case because it failed to have a T.R. 41(E) hearing before the dismissal.
WEOC, Inc. v. Niebauer, No. 23S-CT-184, __ N.E.3d __ (Ind., Feb. 12, 2024).
The Dram Shop Act modified common-law liability against entities that furnish alcohol, but did not eliminate it.
State ex. rel. Allen v. Carroll Cir. Ct., No. 23S‐OR‐311, __ N.E.3d __ (Ind., Feb. 8, 2024).
The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.
Morehouse v. Dux North, LLC, No. 23S-PL-71, __ N.E.3d __ (Ind., Feb. 8, 2024).
For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.