The Indiana Tort Claims Act aggregate liability cap, as applied to the defendant, is constitutional.
Appeals
Gertiser v. Stokes, No. 29A02-1401-DR-43, __ N.E.3d __ (Ind. Ct. App., Jan. 14, 2015).
It should have been considered a substantial and continuing change of circumstances when a woman receiving spousal maintenance now has substantial income and assets as a result of remarriage.
Hitch v. State, No. 49A02-1404-CR-295, __ N.E.3d __ (Ind. Ct. App., Jan. 8, 2015).
Statutory domestic violence crime determination is a fact which increases the penalty for a crime and accordingly must be determined by the jury under the Blakely Sixth Amendment rule.
White v. State, No. 29A05-1312-PC-641, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2014).
There is no “class-of-one” defense to criminal charges.
Jones v. State, No. 49A02-1406-CR-383, __ N.E.2d __ (Ind. Ct. App., Dec. 30, 2014).
D felony assisting a criminal does not require State to prove defendant knew the level or type of felony the assisted person committed.