A trial court’s grant of a directed verdict for the defendant under Trial Rule 50 acts as an acquittal on that count and bars the State from amending the charge and a retrial.
E. Najam
Howard v. State, No. 18A-CR-1830, __ N.E.3d __ (Ind. Ct. App., April 30, 2019).
The trial court abused its discretion when it permitted the State to amend the information two business days before the start of the trial as it did not give defendant a reasonable opportunity to prepare for and defend against the new counts.
Dunham’s Athleisure Corp. v. Shepherd, No. 18A-PL-2892, __ N.E.3d __ (Ind. Ct. App., May 1, 2019).
Trial court improperly denied summary judgment to firearm seller because the seller is immune from liability under Ind. Code 34-12-3-3.
Freeman v. Thompson, No. 18A-SC-2718, __ N.E.3d __ (Ind. Ct. App., May 6, 2019).
Magistrate is entitled to absolute judicial immunity for her report, even if erroneously made, of attorney’s alleged possession of a firearm inside the courthouse.
Pack v. Truth Publishing Co., Inc., No. 18A-PL-1742, __ N.E.3d __ (Ind. Ct. App., April 23, 2019).
Under the Anti-SLAPP statutes, the newspaper was entitled to summary judgment; the newspaper designated prima facie evidence that the article was published to inform the community of a federal lawsuit filed against a local public school alleging the school corporation engaged in religious discrimination and the publication was taken in good faith and with a reasonable basis in law and fact.