Comparative fault does not reduce liability for intentional torts. Liability for an intentional tort turns on the tortfeasor’s deliberate choice to commit the act.
Appeals
Spradlin v. State, No. 24A-CR-1724, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2025).
To sustain a conviction for Level 6 felony failure to make, keep or furnish records pursuant to Ind. Code § 35-48-4-14(a)(3), the State must prove that the missing records were legally required under Article 35-48.
Bosworth v. State, No. 24A-CR-2688, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2025).
While Indiana statutory authority provides that a search warrant shall be executed within ten days of issuance, a delay in executing a warrant is not unreasonable unless, at the time it is executed, probable cause no longer exists and the defendant demonstrates legal prejudice because of the delay.
Mapes v. Carroll Cnty., No. 25A-CC-660, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2025).
Litigant’s persistent abuse of the judicial process and disregard for prior warnings warrant filing restrictions at the trial-court level.
In re the Termination of the Parent-Child Relationship of A.W., No. 24A-JT-3052, __ N.E.3d __ (Ind. Ct. App., Dec. 8, 2025).
In a termination of parental rights case, parents’ due process rights were violated by the trial court’s failure to compel DCS to disclose the names and contact information of child’s foster parents because that information could have led to the discovery of admissible evidence.