Negligent supervision in sports is not a separate cause of action; an analysis of a coach’s individual actions related to supervising her athletes and the choices made are subsumed by a review of whether that coach was intentional or reckless in her conduct.
Yeary v. State, No. 21A-CR-1080, __ N.E.3d __ (Ind. Ct. App., April 7, 2022).
The plain language of the drug-induced homicide statute, Ind. Code § 35-42-1-1.5, requires the State to prove the defendant’s conduct is both the proximate cause and the actual cause of the victim’s death, and while the jury is expected to rely on its collective common sense and knowledge acquired through everyday experiences, the trial court has a duty to define for the jury words of a technical or legal meaning normally not understood by jurors unversed in the law.
Fedij v. State, No. 21A-CR-1481, __ N.E.3d __ (Ind. Ct. App., April 11, 2022).
Unlike the labels on regulated pharmaceuticals, or warnings on products containing dangerous ingredients, nothing in the writing or symbols of cannabis-based products provide a detailed analysis of the products’ chemical compositions, their directions for use, or specific warnings from their misuse. Therefore, the market reports exception to the hearsay rule (Evidence Rule 803(17)) does not appeal to the writing or symbols on a cannabis-based package.
Abbott v. State, No. 21S-PL-347, __ N.E.3d __ (Ind., March 29, 2022).
David, J. In Indiana, civil forfeiture actions typically proceed under one of two statutes: the general forfeiture statute or the racketeering forfeiture statute. Today, we consider whether the racketeering forfeiture statute permits a court to release, to the defendant, funds seized in a forfeiture action so the defendant can hire counsel in that same action. […]
PNC Bank, N.A. v, Page, No. 21A-MF-1974, __ N.E.3d __ (Ind. Ct. App., March 31, 2022).
The orders issued during COVID-19 pausing the accrual of interest did not suspend the automatic accrual of non-discretionary interest provided by the terms of a private loan instrument and as permitted by statute.