The test for civil liability for conditions on the land looks at whether the danger posed by the specific condition involved was foreseeable, but the test for activities on the land looks at whether it was foreseeable that a general class of persons to which the plaintiff belonged might suffer the general type of harm involved.
Kelly v. State, No. 23A-CR-1805, __ N.E.3d __ (Ind. Ct. App., Jan. 10, 2024).
A trial court has discretion to deny a defendant’s motion to replace counsel during or immediately before trial.
Stone v. State, No. 23A-CR-625, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2024).
Convictions based on the same subsection of the rape statute that are mutually exclusive criminal acts — forcible sexual intercourse and forcible other sexual conduct — do not violate double jeopardy.
Expert Pool Builders, LLC v. Vangundy, No. 23S‐PL‐171, __ N.E.3d __ (Ind., Jan. 2, 2024).
A party’s opposition to the motion for default judgment preserved its challenge for appeal and it was not required to also file a T.R. 60(B) motion.
Hoback v. State, No. 23A-CR-411, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2023).
Pursuant to C.R. 4, when docket entries are absent or missing regarding the reason for a delay, the delay is not chargeable to the defendant.