Sentencing courts should consider the full range of available options, including community-based rehabilitation programs, for defendants who commit low-level offenses but pose little continuing danger to others. However, to ensure public safety, courts should consider extended jail sentences for low-level offenders with a history of violence who pose a continuing threat to others. Reviewing courts will defer to a trial court’s considered assessment that a person is too dangerous to receive anything but a lengthy executed sentence.
Roush v. Roush, No. 23A-DC-2290 __ N.E.3d __ (Ind. Ct. App., May 2, 2024).
Trial court abused its discretion when it granted attorney’s motion to withdraw in violation of T.R. 3.1(H). No prejudice would have resulted to the other party had the trial court continued the hearing by 10 days to give the required party notice of her attorney’s intent to withdraw.
Perry County, Ind. v. Huck, No. 24A-PL-418, __ N.E.3d __ (Ind. Ct. App., Apr. 29, 2024).
Elected county officials are not per se full-time employees such that counties must provide them with health insurance coverage.
Andrew Nemeth Properties, LLC v. Panzica, No. 23A-PL-1383, __ N.E.3d __ (Ind. Ct. App., Apr. 17, 2024).
A pre-formation oral contract may establish an LLC’s initial membership. Plaintiff was entitled to a jury trial on his unjust enrichment claim under Article 1, Section 20 of the Indiana Constitution.
Shakur v. Hendrix, No. 23A-CT-1564, __ N.E.3d __ (Ind. Ct. App., Apr. 18, 2024).
DOC inmate’s Section 1983 claims were limited to damages that accrued within the 24-month window before the suit was filed; DOC conduct was not a single, continuous episode of harm.