Seizure of man’s Land Rover violated protections against excessive fines under the Eighth Amendment applicable to the States under the Fourteenth Amendment’s Due Process Clause.
Perkins v. Fillio, No. 18A-PL-2278, __ N.E.3d __ (Ind. Ct. App., Feb. 19, 2019).
For a premises liability claim regarding a headbutting ram, trial court erred in granting summary judgment because it is a genuine issue of material fact as to whether rams are dangerous as a class of animals and, if so, a genuine issue as to whether Defendant took reasonable measures to prevent the ram from causing harm to invitees.
Horejs v. Milford, No. 19S-CT-97, __ N.E.3d __ (Ind., Feb. 21, 2019).
Husband’s claim for survivor damages did not abate upon his death and was not dependent on the existence of an heir.
State v. Vance, No. 18A-CR-1746, __ N.E.3d __ (Ind. Ct. App., Feb. 13, 2019).
A search warrant was issued without probable cause when police did not maintain strict control in a buyer-dealer-source transaction and police surveillance was interrupted.
Kelp v. State, No. 18A-CR-1719, __ N.E.3d __ (Ind. Ct. App., Feb. 14, 2019).
Special Probation Rule 12 that prohibits a person convicted of child exploitation and possession of child pornography from visiting businesses that sell sexual devices or aids is unfairly broad as it could extend to drug stores.