Courts should determine if a landowner has a duty based on whether the defendant knew or had reason to know of any present and specific contemporaneous evidence that would cause a reasonable person to recognize the probability or likelihood of imminent harm.
M. Massa
Gibson v. State, No. 22S00-1601-PD-00009, 22S00-1608-PD-00411, __ N.E.3d __ (Ind., Oct. 24, 2019).
Gibson, who was sentenced to death, received the effective assistance of trial counsel
Cardosi v. State, No. 18S-LW-181, __ N.E.3d __ (Ind., August 7, 2019).
Defendant’s conviction of murder and sentence to life in prison without parole upheld, finding that the evidence was sufficient, jurors were properly admonished, co-conspirator’s text messages were properly admitted, reading a withdrawn accomplice liability instruction was not improper, and court properly considered a non-statutory aggravator when imposing sentence.
Horner v. Curry, No. 18S-PL-333, __ N.E.3d __ (Ind., June 27, 2019).
It is constitutional that the legislature has directed that funds collected under the Indiana’s Civil Forfeiture Statute reimburse law enforcement costs before the transfer of proceeds from seized property to the Common School Fund.
Batchelor v. State, No. 18S-CR-436, __ N.E.3d __ (Ind., March 18, 2019).
For the resisting-by-fleeing offense, trial courts should use Indiana Pattern Criminal Jury Instruction 5.3040, and discontinue using Instruction 22.