The State may introduce Rule 404(B) other-bad-acts evidence to show lack of accident only (1) when the State has “reliable assurance” that an accident defense will be raised, or (2) after the defendant places accident at issue at trial, and when the evidence’s prejudicial impact will not substantially outweigh its probative value.
L. Rush
City of Hammond v. Herman & Kittle Properties, Inc., No. 19S-PL-148, __ N.E.3d __ (Ind., March 15, 2019).
The “Fee Exemption” in Ind. Code 36-1-20-5 that allows Bloomington and West Lafayette to charge local landlords any amount to register rental properties is an unconstitutional special law.
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., March 8, 2019).
Defendant’s historical cell-site location information (CSLI) required a search warrant, but the admission of the CSLI evidence was harmless beyond a reasonable doubt.
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
Gittings v. Deal, No. 18S-TR-231, __ N.E.3d __ (Ind., Nov. 2, 2018).
Trust claims are subject to statutes of limitations to the extent they seek affirmative relief, but do not prevent the request for court approval of the property transfers.