A trial court may take judicial notice that the defendant signed pleadings, and a rebuttable presumption arises which requires the defendant to come forward with any evidence to dispute the presumption.
Warren v. State, No. 19A-PC-1604, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2020).
While there is not always a reasonable probability that the result of a proceeding would be different, failure of trial counsel to thoroughly investigate evidence of an alternative suspect is deficient performance.
Pedigo v. State, No. 19A-CR-1848, __ N.E.3d __ (Ind. Ct. App., Apr. 13, 2020).
Under Ind. Code § 9-30-7-3, a law enforcement officer is permitted to offer a subsequent chemical test to a person who the officer has reason to believe operated a vehicle that was involved in a fatal accident or an accident involving serious bodily injury when the officer has first administered a portable breath test that produces negative results, even if the officer does not have probable cause to believe the person is under the influence of a controlled substance or another drug.
Walters v. Corder, No. 19A-TR-1069, __ N.E.3d __ (Ind. Ct. App., April 8, 2020).
Children that were adopted out of the family after the settlor’s death retained their status as beneficiaries of the trust.
Cook 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.