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.
N. Vaidik
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.
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.