Courts should determine if a landowner has a duty based on whether the defendant knew or had reason to know of any present and specific contemporaneous evidence that would cause a reasonable person to recognize the probability or likelihood of imminent harm.
Wells Fargo Bank, N.A. v. Hallie, No. 19A-MF-2183, __ N.E.3d __ (Ind. Ct. App., March 9, 2020).
Bank can elicit foundational testimony for a business record from a witness even if the witness was not present at the time a document was created, if the witness has a functional understanding of the record keeping process of the business with respect to the specific entry, transaction, or declaration contained in the document
State v. Davis, No. 19A-CR-1650, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2020).
Indiana’s failure to signal statute does not apply to roundabouts.
Young v. State, No. 19A-PC-1217, __ N.E.3d __ (Ind. Ct. App., Mar. 2, 2020).
To be knowing, voluntary, and intelligent, a guilty plea to a repeat sexual offender and habitual offender enhancement must contain a waiver to the right to a jury trial.
Allen v. State, No. 19A-XP-1013, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2020).
Expungement prohibition for those convicted of a felony that resulted in serious bodily injury to another person only applies if serious bodily injury is an element of the offense.