Using the Goodwin/Rogers framework, when the broad type of plaintiff is a restaurant patron who has been subjected to escalating threats and taunts and the broad type of harm is injury resulting after the encounter culminated in physical violence, the defendant restaurant had a duty to take reasonable steps to provide for patron safety once the raucous behavior came to its attention.
Arkla Industries, Inc. v. Bendix-Westinghouse Automotive Air Brake Co., No. 87A01-1709-CC-2140, ,__ N.E.3d __(Ind. Ct. App., March 8, 2018).
Defendant did not waive transfer to a preferred venue when the case was removed to federal court; trial court was required to transfer the case to defendant’s preferred venue upon remand to state court.
Payne v. State, No. 79A02-1707-CR-1606, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
State must authenticate defendant’s signature on plea agreement entered in prior violent felony in order sustain a conviction for unlawful possession of a firearm by serious violent felon.
McCoy v. State, No. 10A05-1703-CR-681, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
Trial court at sentencing may designate a defendant as a credit restricted felon only if that person has been convicted of one or more of serious sex-related crimes that allow for such designation.
Hogan v. State, No. 71A05-1702-CR-278, __ N.E.3d __ (Ind. Ct. App., March 5, 2018).
In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.