The abuse of discretion standard of review applies to the review of trial court bond forfeiture rulings.
M. Robb
Sloan v. State, No. 22A-CR-2250, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2023).
A probable cause affidavit need not exclude every hypothesis of innocence to establish sufficient probable cause for the warrant; rather, it only needs to demonstrate to the issuing judge that, given all the circumstances, there was a fair probability that evidence of a crime would be found in a particular place. Moreover, facts establishing illegal internet activity associated with a particular IP address, and assignment of the IP address at the time in question to a particular internet subscriber at a specific physical address, provide a nexus between the illegal activity and the physical address sufficient to establish probable cause for a warrant to search the residence at the physical address.
Ind. Dept. of Ins. v. Doe, No. 22A-CT-1276, __N.E.3d __ (Ind. Ct. App., June 2, 2023).
An underlying act of medical malpractice is a necessary predicate and condition precedent to a medical credentialing malpractice claim.
Where the Patient’s Compensation Fund is not a party to a settlement agreement between the claimant and the provider and the court must consider the liability of the health care provider as “admitted and established,” the Fund is not precluded from making an independent determination and may dispute whether the underlying conduct is compensable under the Act. The Fund does not have an affirmative duty to intervene in settlement negotiations between a claimant and a provider or to address a claim for excess damages until the claim has been filed in court.
Falletti v. State, No. 22A-IF-2421, __ N.E.3d __ (Ind. Ct. App., April 28, 2023).
Pursuant to Ind. Code § 36-8-12-11, volunteer firefighters may display blue lights in limited places on their vehicles visible to the public, but non-volunteer firefighters may not display blue lights visible to the public at all.
In re K.V., LP, No. 22A-JC-987, __ N.E.3d __ (Ind. Ct. App., Jan. 13, 2023).
DCS was not required to make a reasonable effort to reunify children with foster parents when it was not in the children’s best interest. Foster parents were not entitled to intervene in CHINS case.