When a defendant is processed for home detention, a waiver of the “rights against search and seizure” clearly encompasses the right to be free from search and seizure absent reasonable suspicion.
New Nello Operating Co., LLC v CompressAir, No. 20S-CC-578, __ N.E.3d __ (Ind., April 22, 2021).
Continuity of ownership is necessary for the de-facto-merger and mere-continuation exceptions to apply to the buyer acquiring the seller’s assets, but not its liabilities.
Colvin v. Taylor, No. 21A-MF-3, __ N.E.3d __ (Ind. Ct. App., April 15, 2021).
Court could grant immediate possession of property because Indiana’s moratorium on evictions and foreclosures due to COVID-19 is no longer in effect.
Poppe v. Angell Enterprises, Inc., No. 20A-CT-2211, __ N.E.3d __ (Ind. Ct. App., April 19, 2021).
Summary judgment was properly granted for property owner when grocery shoppers were injured by an intoxicated driver in the parking lot; it was not a condition on the premises that caused the plaintiffs to be injured but a random criminal act that property owner could not have prevented.
Utley v. State, 20A-CR-1741, __ N.E.3d __ (Ind. Ct. App., Apr. 7, 2021).
The day of the arrest is not included in the fifteen-day time frame for which a defendant, who faces a petition to revoke probation, may be held in jail without a hearing.