A trial court has jurisdiction over a complaint that includes allegations that an attorney violated canons of the Rules of Professional Conduct when the complaint also alleges other claims such as fraud, breach of contract, and breach of fiduciary duty, and legal malpractice.
Brown v. State, No. 19A-CR-2125, __ N.E.3d __ (Ind. Ct. App., Apr. 14, 2020).
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.