This case uses the Goodwin/Rogers analysis for a negligence case that does not involve premise liability with third-party acts. When the broad type of plaintiffs are motorists, the defendants are an insurance agency and its agent, and the type of harm as a multi-vehicle collision caused by faulty brakes on a large tractor-trailer, defendants owe no common law duty to plaintiffs
M. May
State v. Lindauer, No. 87A05-1709-CR-2137, __ N.E.3d __ (Ind. Ct. App., June 20, 2018).
Criminal Rule 4(C) was created to move cases along and not to create a mechanism to avoid trial. A defendant cannot habitually move to reset the preliminary hearing at which the trial date was to be set and then claim that his right to trial within a year was violated.
Marshall v. State, No. 64A05-1710-CR-2368, __ N.E.3d __ (Ind. Ct. App., June 20, 2018).
Because the arresting officer could only testify that the defendant’s vehicle “was going over the posted speed limit”, he did not have specific articulable facts to support his initiation of a traffic stop, and therefore it violated defendant’s Fourth Amendment rights.
Wilson v. State, No. 49A04-1706-CR-1201, __ N.E.3d __ (Ind. Ct. App., March 22, 2018).
When, without probable cause, police officers approached defendant at gunpoint and handcuffed him, and defendant remained handcuffed and guarded by one or the other officer while two searches of his vehicle were conducted, the officers’ actions exceeded the scope of an investigatory stop and became an arrest without probable cause.
Hogan v. State, No. 71A05-1702-CR-278, __ N.E.3d __ (Ind. Ct. App., March 5, 2018).
In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.