A juvenile court does not have subject matter jurisdiction to waive an alleged delinquent offender into adult criminal court if the individual is no longer a “child.”
Humphrey v. Tuck, No. 20S-CT-548, __ N.E.3d __ (Ind., Sept. 8, 2020).
Trial court did not abuse its discretion in giving the failure-to-mitigate instruction; only a scintilla of evidence is necessary to support the giving of the instruction.
Singh v. Singh, No. 20A-CT-959, __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2020).
Temple had a duty to protect its attendees when it had notice of present and specific circumstances that would cause a reasonable person to recognize the risk of an imminent criminal act, and had reason to recognize the probability or likelihood of looming harm on a special day of celebration.
State v. Stone, No. 20A-CR-421, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2020).
An informant’s declaration against penal interest can furnish sufficient basis for establishing the informant’s credibility.
Smith v. Franklin Township Community School Corp., No. 20S-CT-98, __ N.E.3d __ (Ind., Aug. 25, 2020).
Trial Rule 41(F) filing was improperly used to to collaterally attack the merits of the trial court’s dismissal order.