The market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to identify pills for possession charges.
Appeals
Posso v. State, No. 21A-CR-369, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2021).
A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.
Reinoehl v. St. Joseph Cnty. Health Dept., __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2021).
Complaint, alleging various causes of action related to the schooling of plaintiffs’ children while there were COVID-19 restrictions, was properly dismissed pursuant to TR 12(B)(6).
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., No. 21A-CP-936, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2021).
Trial court improperly granted T.R. 12(B)(1) motion for lack of subject matter jurisdiction. Because a fact-sensitive and claim-specific analysis is required to determine whether the First Amendment bars the claims against the church, the issue was not ripe for disposition.
Wheeler v. State, No. 21A-MI-1175, __ N.E.3d __ (Ind. Ct. App., Nov. 17, 2021).
Inmate was not required to plead exhaustion of remedies to state a claim for negligence; his negligence claim was not subject to dismissal under the Screening Statute on that basis.