Jury instruction that misstated mens rea for resisting law enforcement was a fundamental error that mandated reversal of conviction; it was erroneous for the trial court to give the instruction when the defendant did not request it.
Appeals
Brewer v. PACCAR, Inc., No. 55A05-1709-CT-2168, __ N.E.3d __ (Ind. Ct. App., March 27, 2018).
A component manufacturer is not immune from liability under the Indiana Product Liability Act; component manufacturer cannot automatically transfer all responsibility to the final manufacturer.
McCarty v. State, No. 84A04-1707-CR-1599, __ N.E.3d __ (Ind. Ct. App., March 20, 2018).
When placing a person on probation, the trial court must provide clear and specific written terms, including each condition of probation.
Wilson v. State, No. 49A04-1706-CR-1201, __ N.E.3d __ (Ind. Ct. App., March 22, 2018).
When, without probable cause, police officers approached defendant at gunpoint and handcuffed him, and defendant remained handcuffed and guarded by one or the other officer while two searches of his vehicle were conducted, the officers’ actions exceeded the scope of an investigatory stop and became an arrest without probable cause.
S.B. v. Seymour Comm. Schools, No. 36A01-1710-PO-2252, __ N.E.3d __ (Ind. Ct. App., March 26, 2018).
School corporations, through their officials, are permitted to act on behalf of their students to seek orders for protection against threatening individuals.