If an arrestee does not present a substantial risk of flight or danger to themselves or others, a trial court should release the arrestee without money bail or surety subject to such restrictions to ensure appearance for trial.
Holsapple v. State, No. 19A-CR-2069 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
The prosecution may not enter into an agreement which deprives a trial court discretion to impose sanctions for probation violations.
R.W. v. State, No. 19A-CR-1358 __ N.E.3d __ (Ind. Ct. App., May 6, 2020).
Lack of eye-witness identification, coupled with multiple evidentiary discrepancies, may constitute insufficient evidence to sustain a conviction for robbery or attempted robbery
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Burdick v. Romano, No. 19A-CT-2739, __ N.E.3d __ (Ind. Ct. App, May 5, 2020).
In a case related to an injury caused by a horse in a horse arena, the trial court properly refused to give negligence instructions and properly gave instructions on inherent risks of equine activities and incurred risk.