Inmate was not required to plead exhaustion of remedies to state a claim for negligence; his negligence claim was not subject to dismissal under the Screening Statute on that basis.
Corbett v. State, No. 21A-CR-118, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2021).
Article 15 non-judicial punishment received while in the Navy is not a criminal conviction and cannot be used to impeach a witness under Evidence Rule 609.
Aberdeen Apartments II, LLC v. Miller, No. 21A-CT-1263, __ N.E.3d __ (Ind. Ct. App., Nov. 15, 2021).
Counsel did not commit misconduct for making a specific request for damages during rebuttal closing argument.
Duncan v. Barton’s Discounts, LLC, No. 21A-PL-211, __ N.E.3d __ (Ind. Ct. App., Nov. 3, 2021).
Possibly incriminating text messages are not protected by the Fifth Amendment in a civil discovery proceeding because the text messages were voluntarily created prior to the issuance of the discovery requests, and they are non-testimonial in nature.
Nolan v. State, No. 21A-CR-305, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2021).
A defendant waives his/her right to appeal a restitution order after signing a plea agreement leaving all terms of the sentence to the trial court’s discretion.