The test for civil liability for conditions on the land looks at whether the danger posed by the specific condition involved was foreseeable, but the test for activities on the land looks at whether it was foreseeable that a general class of persons to which the plaintiff belonged might suffer the general type of harm involved.
C. Goff
State v. $2,435 in United States Currency and Alucious Q. Kizer, No. 23S-CR-72, __ N.E.3d __ (Ind., Oct. 31, 2023).
A claimant in an action brought under Indiana’s civil forfeiture statute has a constitutional right to trial by jury.
Land v. IU Credit Union, No. 23S-CP-115, __ N.E.3d __ (Ind., Oct. 24, 2023).
The bank provided its customer with reasonable notice of its offer to amend its bank account terms, but the customer’s silence and inaction did not amount to acceptance of the amended terms.
Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., Oct. 3, 2023)(opinion on rehearing).
When a defendant waives the right to pursue their sentence as part of a plea agreement, they may not pursue a direct appeal of their sentence even if they can prove they did not knowingly and voluntarily waive the right to do so. A defendant must seek to vacate their guilty plea in post-conviction relief.
Indiana Right to Life Victory Fund v. Morales, No. 23S‐CQ‐108, __ N.E.3d __ (Ind., Sept. 25, 2023).
Ind. Code 3-9-2-3 to -6 prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.