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.
N. Vaidik
Crittendon v. State, No. 18A-CR-206, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2018).
Defendant was properly convicted of possession of heroin, without the introduction of the drug itself, when he admitted using heroin and showed clear signs of a heroin overdose.
Fairbanks v. State, No. 49A02-1707-CR-1675, __ N.E.3d __ (Ind. Ct. App., Aug. 1, 2018).
The trial court properly admitted evidence that the defendant’s daughter’s death was no accident under Evid. Rule 404(b)’s lack-of-accident purpose, even though the defendant did not affirmatively claim mistake or accident.
Bullock v. State, No. 49A05-1706-CR-1247, __ N.E.3d __ (Ind. Ct. App., July 5, 2018).
Notwithstanding a CCS entry after a mistrial that contained the word judgment, the court had not entered a judgment of conviction and the defendant could be retried
Horejs v. Milford, No. 45A03-1709-CT-2173, __ N.E.3d __ (Ind. Ct. App., June 14, 2018).
The wrongful death statute precludes the statutory beneficiary who dies before judgment from recovering wrongful death damages when the statutory beneficiary dies with no heirs.