In a divorce, a large asset that had been forgotten by both parties at the time of signing the property settlement agreement was not subject to later division by the court because the asset was included under “assets of the business.”
Cassity v. State, No. 23A-CR-209, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
A law enforcement officer initiating a traffic stop must be wearing a distinctive uniform and a badge of authority. A distinctive uniform is the specific design, color, and patches officially adopted by the governmental authority employing the police officer so as to inform the public that the person stopping them is, in fact, a police officer employed by that respective department.
City of Carmel v. Barham Investments, LLC, No. 22A-PL-2399, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2023).
The taking of real property by eminent domain extinguishes any easements burdening the property.
Finnegan v. State, No. 23A-MI-442, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2023).
A criminal contempt proceeding is a trial of a criminal case. Criminal contempt defendants are entitled to the same statutory protections afforded other criminal defendants, including the right to file a notice of insanity defense and obtain the appointment of appropriate experts to testify at the contempt proceedings.
Williams v. State, No. 23S-CR-283, __ N.E.3d __ (Ind., Oct. 19, 2023).
Absent a knowing and voluntary waiver, Ind. Code § 35-38-1-4(a) requires that a defendant must be personally present at the time sentence is pronounced.