Plaintiff failed to prove that the presence of bed bugs in his hotel room more probably resulted from hotel’s negligence as opposed to another cause; plaintiff’s argument that res loquitur applied failed.
Appeals
Healey v. Carter, No. 76A03-1711-MI-2681, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2018).
Trial court retained subject-matter jurisdiction to resolve defendant’s constitutional claim against the Department of Correction requiring him to register as a sex offender.
Seo v. State, No. 29A05-1710-CR-2466, __ N.E.3d __ (Ind. Ct. App., Aug. 21, 2018).
Compelling defendant to unlock her iPhone, under the threat of contempt and imprisonment, is constitutionally prohibited by the Fifth Amendment because revealing or using the passcode to do so is a testimonial act. The State must describe with reasonable particularity the information it seeks to compel defendant to produce and why.
Tunstall v. Manning, No. 49A04-1711-CT-2572, __ N.E.3d __ (Ind. Ct. App., Aug. 20, 2018).
Trial court did not abuse its discretion by refusing to allow Defendant to cross-examine Plaintiff’s expert witness about his disciplinary history with the Medical Licensing Board.
Crittendon v. State, No. 18A-CR-206, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2018).
Defendant was properly convicted of possession of heroin, without the introduction of the drug itself, when he admitted using heroin and showed clear signs of a heroin overdose.