An officeholder need not abandon each and every statutory duty before removal from office may be warranted. “[F]ailure, over a period of years, to perform a critical, official and mandatory duty for a clerk-treasurer falls squarely within the confines of Article VI Sections 7 and 8 of the Indiana Constitution and our legislature’s response via the Removal Statute.”
Appeals
Estate of Staggs v. ADS Logistics Co., LLC, No. 64A03-1708-CT-1961, __ N.E.3d __ (Ind. Ct. App., May 14, 2018).
Company that warehoused steel coil that became unsecured during travel killing other motorists had no duty to the motorists killed. It is unforeseeable that a warehousing entity’s conduct in warehousing the cargo or in loading the cargo onto another entity’s vehicle at the instruction of the other entity’s driver would result in harm to motorists.
State v. Myers, No. 69A01-1708-CR-1805, __ N.E.3d __ (Ind. Ct. App., April 24, 2018).
A defendant must object to a trial date set beyond the one-year guarantee in Criminal Rule 4(C) in time to permit the trial court to reset the trial for a date within the proper period.
Randall v. State, No. 49A02-1708-CR-1779, __ N.E.3d __ (Ind. Ct. App., April 26, 2018).
When defendant was found leaning forward or slumped over in the driver’s seat of a car with the driver’s door open and ignition off, the trial court’s denial of motion to suppress evidence applying the community caretaking function was error, but its ruling was sustainable on the emergency aid exception.
Flowers v. State, No. 10A01-1703-CR-586, __ N.E.3d __ (Ind. Ct. App., April 18, 2018).
A judge is not bound by a Community Corrections Director’s request to revoke placement in a community corrections program.
A senior judge’s order must be treated the same as an order entered by the presiding judge.