When defendant asked the city to protect consumers from “unscrupulous licensed contractors,” her statement, as a matter of law, did not constitute a false defamatory statement. Defendant neither stated nor implied a provably false fact but merely indicated her honestly held opinion.
E. Tavitas
Waldon v. State, No. 24A-CR-1824, __N.E.3d __ (Ind. Ct. App., Apr. 16, 2025).
To determine whether offenses constitute a single episode of criminal conduct, courts must balance the following non-exclusive factors: (1) the time span over which the offenses occurred and the time between the offenses, with extra weight given when the offenses are simultaneous or contemporaneous; (2) whether the offenses occurred at separate locations, and if so, the distance between them; (3) whether the offenses each stand alone, that is to say, can be described without reference to one another; and (4) whether the offenses are united by a common scheme or purpose beyond the mere desire to commit multiple crimes. No one factor is determinative, although the first two are the most important. Ultimately, the time, place, and circumstances must demonstrate that the offenses are but parts of a larger or more comprehensive series such that they can be fairly described as a single episode of criminal conduct.
Tillett v. State, No. 24A-CR-1413, __ N.E.3d __ (Ind. Ct. App., Mar. 28, 2025).
A defendant, charged with a felony, must file a notice of intent to raise an insanity defense no later than 20 days before omnibus date. However, in the interest of justice and upon a showing of good cause, a trial court may permit the filing to be made at any time before commencement of the trial.
Basso v. State, No. 24A-CR-500, __N.E.3d __ (Ind. Ct. App., Sept. 24, 2024).
A crime victim does not commit perjury merely by changing his opinion regarding the proper punishment for the defendant at the defendant’s sentencing hearing.
DeGrado v. DeGrado, No. 24A-DC-187, __ N.E.3d __ (Ind. Ct. App., Sept. 3, 2024).
Extracurricular expense payments are child support. Petition to modify child support put parent on notice that extracurricular expenses were at issue.