A probable cause affidavit need not exclude every hypothesis of innocence to establish sufficient probable cause for the warrant; rather, it only needs to demonstrate to the issuing judge that, given all the circumstances, there was a fair probability that evidence of a crime would be found in a particular place. Moreover, facts establishing illegal internet activity associated with a particular IP address, and assignment of the IP address at the time in question to a particular internet subscriber at a specific physical address, provide a nexus between the illegal activity and the physical address sufficient to establish probable cause for a warrant to search the residence at the physical address.
Kendall v. State, No. 23A-CR-1473, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2023).
The crime of identity deception does not require that the identifying information must coincide with any real person or an existing human being. Additionally, the statute governing identity deception includes elements not contained in the statute governing false informing and thus, does not violate Article 1, Section 16, Indiana’s Proportionality Clause.
Jennings v. Smiley, No. 23A-CT-00303, __ N.E.3d __ (Ind. Ct. App., Dec. 12, 2023).
The trial court did not abuse its discretion when it did not allow discovery of defendant’s cell phone; the burden of plaintiff’s proposed phone inspection outweighed its likely benefit in light of defendant’s significant privacy concerns.
Taylor v. Allen Cnty. Bd. of Comm’rs, No. 23S-CT-378, __ N.E.3d __ (Ind., Dec. 13, 2023).
Appeal was dismissed prematurely because plaintiff had 20 business days from the date of the Notice of Defect to submit corrected documents under Ind. Appellate Rule 23.
DeCola v. Norfolk So. Corp., No. 23S-PL-358, __ N.E.3d __ (Ind., Dec. 8, 2023).
The appellate court did not have jurisdiction over denial of summary judgment motion because it was not a final order and did not resolve all claims as to all parties.