An appeal waiver, despite a challenge to aggravators or mitigators found by the trial court at the time of sentencing, is enforceable because such a challenge is not one of illegality.
Appeals
Ceres Solutions Coop., Inc. v. Estate of Bradley, No. 21A-CT-377, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2022).
For the bystander rule for negligent infliction of emotional distress, explosion and subsequent fire are not separate injury-producing events for purposes of the temporal factor. Also, the plaintiff did not need to see the body of his wife being removed from the exploded house when he possessed a reasonable degree of certainty that she had been in the house at the time of the explosion.
Ind. Repertory Theatre, No. 21A-PL-628, __ N.E.3d __ (Ind. Ct. App., Jan. 4, 2022).
Insurance policy language “direct physical loss or direct physical damage” did not encompass theatre’s claim for loss of use of its facilities during the COVID-19 pandemic
Marshall v. State, No. 21A-CR-1123, __ N.E.3d __ (Ind. Ct. App., Jan. 7, 2022).
Upon a request for self-representation, the defendant should be made aware of the dangers and disadvantages of self-representation, so that the record will establish a knowing and intelligent decision.
Nick’s Packing Svcs., Inc. v. Chaney, No. 21A-SC-820, __ N.E.3d __ (Ind. Ct. App., Dec. 27, 2021).
Company who removed resident’s possessions during an eviction was a bailee of a mutual benefit bailment and had a duty to exercise ordinary care with resident’s possessions.