To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
Appeals
Hogan v. Magnolia Health Systems 41, LLC, No. 20A-CT-1101, __ N.E.3d __ (Ind. Ct. App., Dec. 14, 2020).
In a respondeat superior action, employee’s dismissal as a defendant does not extinguish the potential liability of the employer arising from employee’s conduct.
Sullivan Corp. v. Rabco Enterprises, LLC, No. 20A-PL-1444, __ N.E.3d __ (Ind. Ct. App., Dec. 7, 2020).
Ind. Code § 32-28-3-17, on forum selection clauses, should be read broadly to apply to all contracts for the improvement of real estate in Indiana.
Hobbs v. State, 19A-CR-909, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In child molesting cases, even assuming the defense at trial remains the same, amendments to the charging information which add entirely new charges a mere two weeks before trial constitutes insufficient notice.
Prater v. Wineland, No. 20A-GU-895, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2020).
In a guardianship, trial court erred in denying mother’s petition for visitation of her child without a hearing.