There can only be conviction for one count of child molesting where the actions were closely connected in time, place, and continuity of action.
N. Vaidik
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.
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.