For an alleged violation of Brady v. Maryland to be meritorious, the evidence at issue must be favorable to the accused, either because the evidence is exculpatory or because it is impeaching; the evidence must have been suppressed by the State, either willfully or inadvertently; and prejudice must have ensued.
Appeals
Austin v. State, No. 22A-CR-1240, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2022).
Proof of the slightest penetration of the sex organ is sufficient to demonstrate a person performed other sexual misconduct with a child.
Morgan v. Dickelman Ins. Agency, Inc., No. 22A-PL-892, __ N.E.3d __ (Ind. Ct. App., Dec. 30, 2022).
Summary judgment was appropriate for plaintiffs’ claims for breach of contract, promissory estoppel, negligence, and fraud against their insurance agency because plaintiffs did not review their easy-to-read, unambiguous insurance renewal certificates.
N.H. v. State, No. 22A-XP-1026, __ N.E.3d __ (Ind. Ct. App., Dec. 13, 2022).
The trial court erred by striking some of the language included in the expungement statute (Ind. Code s 35-38-9-10(c)) from its order granting expungement; the language should either by left in its entirety or left out in its entirety.
Teising v. State, No. 22A-CR-548, __ N.E.3d __ (Ind. Ct. App., Dec. 15, 2022).
The residency statutes illustrate that a person does not change residency by the mere fact of being physically present in another location; rather, the person must have intent to reside in the new location.