Affidavit from a radiologic technologist was sufficient to rebut the medical review panel’s opinion on the element of causation and summary judgment should not have been granted.
Salyer v. Washington Regular Baptist Church Cemetery, No. 19A-PL-243, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2019).
Trial court did not abuse its discretion in fashioning a remedy that required the cemetery to provide plaintiff with a different gravesite rather than ordering the cemetery to have the individual buried in the gravesite she had previously purchased reinterred elsewhere so as to restore the gravesite for her use.
Cozmanoff v. State, No. 19A-CR-1426, __ N.E.3d __ (Ind. Ct. App., Oct. 22, 2019).
Regardless of whether the conviction was entered prior to 2015, an operator of a vehicle convicted of reckless homicide is not eligible for specialized driving privileges.
Watson v. State, No. 18A-CR-1099, __ N.E.3d __ (Ind. Ct. App., Oct. 22, 2019).
Evidence of internet searches on sexual topics are not admissible under Indiana Rule of Evidence 412 when the defense is unable to establish that the victim had exclusive control of the device upon which the searches were conducted.
Dilley v. State, No. 19A-CR-173, __ N.E.3d __ (Ind. Ct. App., Oct. 23, 2019).
A trial court errs when it grants the State’s motion for continuance, based the unavailability of laboratory testing results, under Criminal Rule 4(D), where the State fails to establish diligence.