An employer’s admission that its employee committed the alleged negligent act within the course and scope of her employment does not preclude an action for negligent hiring, training, supervision, and retention.
Coleman v. State, 49A02-1511-CR-1999, __N.E.3d__ (Ind. Ct. App., Sept. 21, 2016).
Trial court must hold an indigency hearing before imposing a public defender fee, probation fee, or drug and alcohol treatment fee.
Bess v. State, No. 09S02-1609-CR-484, __ N.E.3d __ (Ind., Sept. 14, 2016).
Trial court sentence of three years’ incarceration for one count of child solicitation was not inappropriate under Appellate Rule 7(B) and does not warrant appellate revision.
Cline v. State, 38A04-1512-XP-2221, __ N.E.3d ___ (Ind. Ct. App., August 15, 2016).
Although a trial court has discretion in granting or denying an expungement petition, it does not extend to a disregard of remedial measures enacted by our lawmakers. Such statutes should be liberally construed to advance the remedy for which they were enacted.
Johnson v. State, 71A04-1605-CR-1042, __ N.E.3d __ (Ind. Ct. App., Sept. 16, 2016).
Driver of car constructively possessed heroin when the driver made furtive gestures when pulled over, the heroin was in close proximity to the driver, and the nature of the space demonstrated that he knew of the nature and presence of the heroin.