An officer who affirms that they detect the odor of raw marijuana based on their training and experience may establish probable cause without providing further details on their qualifications to recognize said odor.
Renner v. Shepard-Bazant, No. 21S-CT-138, __ N.E.3d __ (Ind., Aug. 31, 2021).
In a bench trial, a party arguing for a mitigation-of-damages jury instruction “need only point to some evidence in the record that when viewed most favorably [to the party] would suffice for a reasonable juror to decide the issue in the party’s favor.”
Blackford v. Welborn Clinic, No. 21S-CT-85, __ N.E.3d __ (Ind., Aug. 31, 2021).
The Indiana Business Trust Act’s limitation period is a statute of repose and fraudulent concealment may not extend the time in which to file a claim.
State v. Barnett, No. 20A-CR-2144, __ N.E.3d __ (Ind. Ct. App., Aug. 25, 2021).
The trial court did not abuse its discretion by giving preclusive effect to the Marion County Probate Court’s 2012 age-change order and the March 7, 2017, order reaffirming same, thus preventing the State from relitigating the alleged victim’s age; and the trial court did not err in dismissing multiple counts against the defendants because the charges were filed outside of the five-year statute of limitations period.
In re Change of Name and Gender of H.S., No. 21A-MI-884, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2021).
When a parent seeks a change of gender marker for a child, it must be accompanied by a best interests analysis and include more than conclusory testimony.