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.
Allen v. State, No. 21A-XP-368, __ N.E.3d __ (Ind. Ct. App., Jan. 25, 2022).
Under the permissive expungement statute, a trial court may deny an expungement petition after considering the nature and circumstances of the crime,and the petitioner’s character
Afanador v. State, No. 21A-CR-1000, __ N.E.3d __ (Ind. Ct. App., Jan. 28, 2022).
The State is not prohibited from using two offenses to support separate enhancements under different recidivist offender statutes when the two offenses were not part of the same res gestae.
Isom v. Neal, No. 21S-CQ-545, __ N.E.3d __ (Ind., Jan. 28, 2022).
A petition for post-conviction relief tendered to a trial court without the verification required by Post-Conviction Rule 1 is not properly filed.