Landscaping at a new home construction site does not fall under the Indiana Home Improvement Fraud Statute, which requires that the consumer live in the dwelling at the time of the home improvement.
B. Barteau
Adams v. State, No. 18A-CR-1544, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).
The rule of lenity implements legislative intent by awarding defendant with one day of accrued time for the approximate six to eight hours he spent in jail before posting bond.
Trice v. State, No. 18A-CR-697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2018).
Carrying a handgun without a license does not constitute “misuse” to warrant an order to destroy the handgun.
Stickrod v. State, No. 79A04-1710-CR-2473, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).
The entry of judgments of convictions for two counts of possession of methamphetamine violated double jeopardy; merging the two convictions at sentencing was insufficient to correct the violation.
Certa v. Steak’n Shake Operations, Inc., No. 79A05-1708-CT-1873,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).
Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.