A conviction for burglary cannot be sustained if an alleged perpetrator enters a business open to the public during business hours, with intent to commit a felony or theft in it, due to a lack of evidence as to breaking.
Culver Community Teachers Assoc. v. Ind. Education Employment Relations Bd., No. No. 21S-PL-64, __ N.E.3d __ (Ind., Sept. 16, 2021).
Teachers can bargain for pay for ancillary duties, but cannot bargain on the definition of their duties.
I.G. v. State, No. 21A-JV-479, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2021).
The odor of marijuana, by itself, is not enough to establish probable cause to arrest the occupants of a vehicle.
Bunnell v. State, 21S-CR-139, __ N.E.3d __ (Ind., Sep. 2, 2021).
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.”