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.
E. Najam
Robertson v. State, No. 18A-PL-1002, __ N.E.3d __ (Ind. Ct. App., March 29, 2019).
The statute of limitations for the Attorney General’s complaint to recover public funds does not begin to run until the Attorney General receives the final, verified report from the Indiana State Board of Accounts.
Connor v. State, No. 18A-CR-442, __ N.E.3d __ (Ind. Ct. App., Nov. 29, 2018).
The results of the breath test were inadmissible since it was administered using a procedure that had not been approved by the Department of Toxicology.
Haddock v. State, No. 18A-CR-1362, __ N.E.3d __ (Ind. Ct. App., Oct. 29, 2018).
A defendant’s waiver of appellate rights is only valid if the sentence is imposed in accordance with the law; however, if a sentence imposed is illegal, and the defendant does not specifically agree to the sentence, the waiver-of-appeal provision is invalid.
Bradley v. State, No. 87A01-1711-CR-2584, __ N.E.3d __ (Ind. Ct. App., Oct. 30, 2018).
Defendant’s convictions for two counts of child molesting were affirmed; however, his other conviction for child molesting and conviction for incest were reversed since it is reasonably possible that the jury found him guilty on those counts for the very same acts that were the bases of his convictions for counts one and two.