Using the Goodwin foreseeability analysis, an automobile salvage business did not have a duty to a patron of a mobile food truck serving food in its parking lot that exploded and caused injury to the patron.
Solomon v. State, No. 18A-CR-2041, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Defendant does not have a constitutional right to possess marijuana and Ind. Code § 35-48-4-11 does not violate Article 1, Section 1, of the Indiana Constitution as applied to him.
In re D.H, No. 18A-JT-1861, __ N.E.3d __ (Ind. Ct. App., Feb. 1, 2019).
The trial court’s termination of parental rights order must be reversed due to the State’s failure to give Mother the due process imparted to her by Ind. Code 31-35-2-4.5(d) (the right to have DCS move to dismiss a termination petition when it has not provided her with services that were substantial and material in relation to the reunification plan).
Campbell v. Campbell, 18A-DR-361, __ N.E.3d __ (Ind. Ct. App., Jan. 31, 2019).
Trial court properly denied spousal maintenance because it determined that spouse that receives SSD benefits is not incapacitated to the extent that her ability to support herself is materially affected.
Keene v. State, No. 18A-XP-228, __ N.E.3d __ (Ind. Ct. App., Jan. 23, 2019).
Expungement petitioners do not have the right to cross-examine victims who provide victim statements.