Commission of a prior felony must be proven by more than mere prior conviction records; there must be supporting evidence to identify the defendant as the person named in the records.
E. Tavitas
Decker v. Star Financial Group, Inc., No. 21A-PL-2191, __ N.E.3d __ (Ind. Ct. App., April 20, 2022).
Arbitration provision at the bottom of a monthly bank statement was not reasonable notice of the provision as required by the terms and conditions of the bank account.
Partee v. State, No. 21A-CR-1529, __ N.E.3d __ (Ind. Ct. App., March 17, 2022).
When a defendant is removed from the courtroom for disruptive behavior, a trial court is not required to advise the defendant that he may return to the courtroom if he promises to behave.
Waller v. City of Madison, No. 21A-PL-928, __ N.E.3d __ (Ind. Ct. App, Feb. 3, 2022).
A municipal appointee removable “for cause” may be removed only for acts or omissions that diminish the appointee’s ability or fitness to perform the duties of the appointment.
Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., No. 21A-CP-936, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2021).
Trial court improperly granted T.R. 12(B)(1) motion for lack of subject matter jurisdiction. Because a fact-sensitive and claim-specific analysis is required to determine whether the First Amendment bars the claims against the church, the issue was not ripe for disposition.