The trial court’s preliminary injunction and legal conclusions are reversed in part because portions of the non-compete and non-solicitation agreement are unclear and overbroad.
Bennett v. State, No. 18S-CR-538, __ N.E.3d __ (Ind., April 2, 2019).
There was insufficient evidence that defense violated a Community Corrections placement condition by possessing obscene matter because the trial court made factual findings that negate one part of the statutory definition required to prove the violation.
Redington v. State, No. 18A-CR-950, __ N.E.3d __ (Ind. Ct. App., April 5, 2019).
When a person petitions for the return of guns confiscated under the Jake Laird “red flag” Law for being a dangerous person, the State must present evidence that the person is dangerous now and, in the future, not that he was dangerous in the past.
Hickingbottom v. State, No. 18A-CR-627, __ N.E.3d __ (Ind. Ct. App., April 8, 2019).
The State must produce the DOC manual on use of force by their officers when prosecuting an inmate for the crime of battery resulting in injury to a public safety officer.
Fairbanks v. State, No. 18S-CR-604, __ N.E.3d __ (Ind., March 27, 2019).
The State may introduce Rule 404(B) other-bad-acts evidence to show lack of accident only (1) when the State has “reliable assurance” that an accident defense will be raised, or (2) after the defendant places accident at issue at trial, and when the evidence’s prejudicial impact will not substantially outweigh its probative value.