A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.
DeWees v. State, No. 21S-CR-410, __ N.E.3d __ (Ind., Feb. 3, 2022).
The General Assembly’s recent codification of Criminal Rule 26 enhance, rather than restrict, the broad discretion entrusted to trial courts when executing bail.
Higginson v. State, No. 21A-CR-1169, __ N.E.3d __ (Ind. Ct. App., Feb. 4, 2022).
To entirely forbid the use of effects-of-battery evidence, or psychological trauma, in self-defense cases that fall under Ind. Code § 35-41-3-11, would render the self-defense portion of the statute superfluous.
Residences at Ivy Quad Unit Owners Assoc., Inc. v. Ivy Quad Development, LLC, No. 21S-PL-294, __ N.E.3d __ (Ind., Jan. 25, 2022).
At the pleading stage, the viability of a plaintiff’s claim is measured by its sufficiency, not its likelihood of success, so a plaintiff’s complaint need only contain facts that support the possibility of relief.
Priest v. State, No. 21A-MI-551, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).
A bald statement in a traffic citation regarding B.A.C. level is inadmissible hearsay.