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.
Miller v. State, No. 21A-CR-2315, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Bifurcation of unlawful possession of a firearm by a serious violent felon (SVF) charges serves the purpose of protecting a defendant’s right to the presumption of innocence and ensures a fair trial.
Nail v. Smith, No. 21A-CT-563, __ N.E.3d __ (Ind. Ct. App., Nov. 1, 2021).
Trial court properly awarded attorney’s fees as a discovery sanction even though the party’s attorney was salaried in-house counsel.
Griffin v. Menard, Inc., No. 21S-CT-119, __ N.E.3d __ (Ind., Oct. 19, 2021).
When a box opened at the bottom and injured store customer, plaintiffs’ designated evidence did not create an issue of material fact to defeat defendant’s motion for summary judgment. Plaintiffs’ res ipsa loquitur claim also failed.