Because the defendant agreed to pay restitution and there is evidence in the record that she is able to work and hopes to secure employment in the future, the trial court did not abuse its discretion in ordering defendant to pay restitution.
Thomas v. State, No. 27S02-1703-CR-170, __ N.E.3d __ (Ind., Sept. 7, 2017).
The totality of evidence must be considered following a traffic stop to establish probable cause to detain an individual suspected of narcotics possession; a canine alert alone is not sufficient.
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
Muldowney v. Lincoln Park, LLC, No. 29A02-1610-SC-2439, , __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2017).
Although small claims trials should be informal, the parties must still have the opportunity to present evidence or sworn testimony in support of their positions.
Pickett v. State, No. 47A01-1612-CR-2900, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2017).
Defendant is entitled to a bifurcated trial with a first phase on murder-related charges before a second phase with presentation of evidence qualifying him as a serious violent felon.