When defendant violates a condition of bail, the court may revoke bail, but may not impose a punitive contempt sanction unless defendant’s conduct affects the dignity or operation of the court.
Appeals
Parsley v. MGA Family Group, Inc., No. 19A01-1707-CT-1535,__ N.E.3d __ (Ind. Ct. App., May 16, 2018).
Grandmother, alleged de facto guardian of her grandson, could not bring an action on behalf of her grandson under the Child Wrongful Death Statute because she was not his legal guardian.
Yates v. Hites, No. 44A03-1710-CT-2459, __ N.E.3d __ (Ind. Ct. App., May 18, 2018).
The trial court abused its discretion when it gave the sudden emergency jury instruction with no evidence to support it. Because the sudden emergency instruction was given and emphasized in closing argument, a new trial is warranted.
Leatherman v. State, No. 47A04-1711-CR-2711, __ N.E.3d __ (Ind. Ct. App., May 9, 2018).
An individual participating in a needle exchange program may be found guilty of possession of paraphernalia if he intended to use syringes for unlawful ends; however, to sustain a conviction for maintaining a common nuisance for the unlawful delivery of a controlled substance from a vehicle, the State must show that it has been used on more than one occasion for that purpose.
Cosgray v. French Lick Resort & Casino, No. 59A01-1710-CT-2512 ,__ N.E.3d __ (Ind. Ct. App., May 9, 2018).
Hotel did not owe plaintiff a duty to protect her from a criminal attack by an unknown assailant on their premises.