In a criminal jury trial where the State presents evidence of a greater number of separate criminal offenses than charged and does not designate the specific act or acts on which it relies for conviction, a general unanimity instruction is insufficient. The jury should be instructed that they must either unanimously agree that the defendant committed the same act or acts or that the defendant committed all the acts alleged. However, where multiple similar acts are part of one continuous episode, a special unanimity instruction is not required.
Marion Superior Court Probation Dept. v. Trapuzzano, No. 23A-CT-61, __ N.E.3d __ (Ind. Ct. App., Nov. 14, 2023).
The probation department has quasi-judicial immunity from liability.
Tom James Company, et al. v. Zurich American Insurance Company, No. 23A-PL-106, _ N.E.3d. _ (Ind. Ct. App., Nov. 1, 2023).
Insurance company did not waive its personal jurisdiction defense in the answer it filed after removal to federal court and before remand to state court.
State v. Lucas, No. 22A-CT-1693, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).
The Indiana Tort Claims Act’s discretionary function immunity provision does not apply to a negligent redesign of a highway claim.
Wilson v. Wilson, No. 23A-DC-1384, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).
Father’s child support was not offset by adult disabled daughter’s monthly Social Security Disability Insurance benefit.