The trial court abused its discretion when it permitted the State to amend the information two business days before the start of the trial as it did not give defendant a reasonable opportunity to prepare for and defend against the new counts.
Appeals
Cavanaugh’s Sports Bar & Eatery, Ltd. v. Porterfield, No. 18A-CT-1814, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).
Bar failed to establish as a matter of law that it did not owe patron a duty to protect him from criminal activity in its parking lot; the altercation occurred immediately after the Saturday night/Sunday morning crowd had been herded out of the bar at closing time and the bar had a history of reported incidents that gave it reason to contemplate further such incidents in its own parking lot.
Dunham’s Athleisure Corp. v. Shepherd, No. 18A-PL-2892, __ N.E.3d __ (Ind. Ct. App., May 1, 2019).
Trial court improperly denied summary judgment to firearm seller because the seller is immune from liability under Ind. Code 34-12-3-3.
Freeman v. Thompson, No. 18A-SC-2718, __ N.E.3d __ (Ind. Ct. App., May 6, 2019).
Magistrate is entitled to absolute judicial immunity for her report, even if erroneously made, of attorney’s alleged possession of a firearm inside the courthouse.
Core v. State, No. 91A02-1611-PC-2604, __ N.E.3d __ (Ind. Ct. App., April 24, 2019).
PCR Rule 2(1) allows an eligible defendant to appeal from a conviction or sentence after the time for filing an appeal has expired, but does not permit a belated appeal from a post-conviction or other post-judgment proceeding.