A petition for post-conviction relief tendered to a trial court without the verification required by Post-Conviction Rule 1 is not properly filed.
State v. Katz, No. 20S-CR-632, __ N.E.3d __ (Ind., Jan. 18, 2022).
Ind. Code § 35-45-4-8, which criminalizes the non-consensual distribution of an intimate image, does not violate the free interchange clause of the Indiana Constitution, or the First Amendment to the United States Constitution.
Duff v. Rockey, No. 21A-DR-1750, __ N.E.3d __ (Ind. Ct. App., Jan. 18, 2022).
An attorney who is disqualified from representing client in one matter is not automatically disqualified from representing client in another matter if the basis for disqualification no longer exists.
Wihebrink v. State, No. 20S-CR-632, __ N.E.3d __ (Ind. Ct. App., Jan. 24, 2022).
An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Ceres Solutions Coop., Inc. v. Estate of Bradley, No. 21A-CT-377, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2022).
For the bystander rule for negligent infliction of emotional distress, explosion and subsequent fire are not separate injury-producing events for purposes of the temporal factor. Also, the plaintiff did not need to see the body of his wife being removed from the exploded house when he possessed a reasonable degree of certainty that she had been in the house at the time of the explosion.