Forfeiture order was reversed when the trial court inferred from defendant’s presence in the vehicle that he was a co-conspirator with the other passengers for dealing in narcotics when there was no additional evidence of a nexus between defendant’s forfeited money and dealing in narcotics.
M. Bailey
Magic Circle Corp. v. Crowe Horwath, LLP, No. 71A03-1607-PL-1520, __ N.E.3d __ (Ind. Ct. App., March 8, 2017).
The economic loss rule does not have the effect of barring an accountant malpractice claim at tort.
Brantley v. State, No. 49A04-1606-CR-1401, __ N.E.3d __ (Ind. Ct. App., Feb. 24, 2017).
State must prove beyond a reasonable doubt that defendant acted under sudden heat to sustain a conviction for voluntary manslaughter.
Messersmith v. State, No. 48A05-1511-CR-1936, __ N.E.3d __ (Ind. Ct. App., Feb. 15, 2017).
Defendant’s due process rights were violated when the trial court allowed the State to withdraw the plea agreement over the Defendant’s’s objection because the victim had not been notified.
Thomas v. State, No. 27A02-1602-CR-374, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2016).
In the absence of probable cause to detain, the trial court abused its discretion when it did not exclude from evidence the heroin found in defendant’s mouth during jailhouse search.