Company that warehoused steel coil that became unsecured during travel killing other motorists had no duty to the motorists killed. It is unforeseeable that a warehousing entity’s conduct in warehousing the cargo or in loading the cargo onto another entity’s vehicle at the instruction of the other entity’s driver would result in harm to motorists.
McGrath v. State, No. 49S04-1710-CR-653, __ N.E.3d __ (Ind., May 1, 2018).
Investigation into and observations of the home were “sufficiently indicative of a marijuana grow” when viewed together and in light of the officer’s training. The issuance of a second warrant was proper under the collective knowledge doctrine, which presumes the officer’s credibility so no special showing of reliability was required.
State v. Myers, No. 69A01-1708-CR-1805, __ N.E.3d __ (Ind. Ct. App., April 24, 2018).
A defendant must object to a trial date set beyond the one-year guarantee in Criminal Rule 4(C) in time to permit the trial court to reset the trial for a date within the proper period.
Randall v. State, No. 49A02-1708-CR-1779, __ N.E.3d __ (Ind. Ct. App., April 26, 2018).
When defendant was found leaning forward or slumped over in the driver’s seat of a car with the driver’s door open and ignition off, the trial court’s denial of motion to suppress evidence applying the community caretaking function was error, but its ruling was sustainable on the emergency aid exception.
Kirby v. State, No. 18S‐CR‐79, __ N.E.3d __ (Ind., April 27, 2018).
Defendant may not challenge a collateral consequence of an ex post facto statute barring him from school property through a post-conviction proceeding, but he may pursue his claim in a declaratory‐judgment action.