The suspicionless search of the community corrections participant was unconstitutional because his waiver did not specifically authorize it.
N. Vaidik
Flores v. State, No. 18A-CR-1632, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2018).
There can only be conviction for one count of child molesting where the actions were closely connected in time, place, and continuity of action.
Bradtmiller v. State, No. 18A-CR-884, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2018).
Although defendant properly waived his right to a jury trial on the underlying charges, he did not waive his right to a jury trial on the habitual-offender enhancement because he did not personally communicate to the judge a desire to waive that right.
Elkhart Foundry & Machine Co., Inc. v. City of Elkhart Redevelopment Commission, No. 20A03-1709-CT-213, __ N.E.3d __ (Ind. Ct. App., Oct. 3, 2018).
Ind. Code 34-11-2-11.5 is the statute of limitations for Environmental Legal Actions; as soon as a person incurs a cleanup cost, the ten-year period starts to run with respect to that cost.
Johnson v. Blue Chip Casino, LLC, No. 18A-SC-788, __ N.E.3d __ (Ind. Ct. App., Aug. 29 2018).
Plaintiff failed to prove that the presence of bed bugs in his hotel room more probably resulted from hotel’s negligence as opposed to another cause; plaintiff’s argument that res loquitur applied failed.