Where foreseeability is an element of duty, the court must determine the question of foreseeability as a matter of law; stage collapse due to high wind is not foreseeable as a matter of law.
Brown v. City of Valparaiso, No. 64A05-1607-PL-1488, __N.E.3d__ (Ind. Ct. App., Dec. 30, 2016).
There is no private cause of action under the Flood Control Act.
Thomas v. State, No. 27A02-1602-CR-374, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
In the absence of probable cause to detain, the trial court abused its discretion when it did not exclude from evidence the heroin found in defendant’s mouth during jailhouse search.
Cundiff v. State, No. 15A05-1508-MI-1214, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
Statutory residency restrictions imposed on sex offenders against children only apply to those who have committed crimes after June 30, 2006.
State v. Johnston, No. 49A02-1606-CR-1222, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2016).
A party must strictly comply with the statutory provisions allowing relief from the registration requirements of the Indiana Sex Offenders Registry Act.