Trial court properly denied TR 12(B)(6) motion; the complaint encompasses viable claims premised on the failure to warn after potentially contributing to a hazard on the road, and the failure to comply with the statute requiring driver to turn on emergency flashers and place warning devices behind his vehicle.
Appeals
In re I.E., No. 23A-JC-2399, __N.E.3d __ (Ind. Ct. App., June 24, 2024).
When the permanency plan for a child adjudicated a CHINS provides for appointment of a guardian under Ind. Code 31-34-21-7.7, the filing of a guardianship petition and notice of the petition and hearing are statutory prerequisites for appointment of a permanent guardian. The trial judge cannot “open” the guardianship without a guardianship petition and notice.
Feeman v. State, No. 23A-CR-2503, __ N.E.3d __ (Ind. Ct. App., June 24, 2024).
When a defendant is charged with a crime against another person, the victim’s identity is a material element of the offense that the State must specifically allege in the charging information and then prove beyond a reasonable doubt.
Anderson v. State, No. 24A-CR-152, __ N.E.3d __ (Ind. Ct. App., June 24, 2024).
The affirmative defense of human trafficking does not negate any elements of a prostitution charge; rather, it operates by entirely excusing the culpability for engaging in prostitution. Accordingly, a defendant may properly be assigned the burden to prove the defense by a preponderance of evidence.
Mishler v. Union-North United School Corp., No. 23A-MI-1019, __N.E.3d __ (Ind. Ct. App., June 11, 2024).
The Claims Against Public School Act (“CAPSA”) is not a pre-suit notice law parallel to the ITCA. A court is required to dismiss claims that fail to submit proper notice to the public school.