Under Small Claims Rule 8(c), an LLC using a full-time employee to represent it can allege damages above $1,500 and waive net damages in excess of the jurisdictional limit; setoffs and counterclaims were not subtracted from the jurisdictional limit.
Appeals
Demby v. State, 20A-CR-1012, __ N.E.3d __ (Ind. Ct. App., Feb. 16, 2021).
While aggravated battery is not an inherently included lesser offense of attempted murder, it may become a lesser-included offense depending on how it is charged. Pursuant to Wadle, if the factual circumstances and charging information render aggravated battery a lesser-included offense of attempted murder, the aggravated battery conviction would violate the prohibition against double jeopardy.
Wilder v. DeGood Dimensional Concepts, Inc., No. 20A-PL-1100__ N.E.3d __ (Ind. Ct. App, Feb. 16, 2021).
While a trial court can take judicial notice of reasonable attorney’s fees in routine cases involving relatively small amounts, the trial court abused its discretion when it awarded appellate attorney’s fees in a reduced hourly amount with no evidence to support the reduced rate.
Brown v. State, 19A-MI-1999, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2021).
Amendment of Ind. Code § 35-33-5-7 to include subsection (f) was a remedial measure intended to clarify that a search warrant is considered “executed” for purposes of Ind. Code § 35-33-5-7 when officers seize the items described in the search warrant.
Abbott v. State, 19A-PL-1635, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2021).
In a civil forfeiture action, the res may be used for defense related expenses.