A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.
N. Vaidik
Kevin T. Scripture, M.D. et al. v. Julia and Steven Roberts, No. 49A02-1504-CT-211, ___ N.E.3d ___, (Ind. Ct. App. Feb. 1, 2016).
Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.
Powell v. State, No. 49A02-1503-CR-135, ___ N.E.3d ___ (Ind. Ct. App. Oct. 27, 2015).
Trespass conviction was reversed for insufficient evidence that the defendant was still on a bar’s property at the time he was told to leave.
A.M. v. Ind. Dep’t of Child Servs., No. 20A03-1502-JT-61, __ N.E.3d __ (Ind. Ct. App., Oct. 27, 2015).
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent.
Caldwell v. State, No. 22A01-1411-CR-479, ___ N.E.3d ___ (Ind. Ct. App., Aug. 31, 2015).
In prosecution for burglary and attempted rape, Defendant’s alleged “peeping” at another home in the same neighborhood 56 days later was inadmissible because it was not “strikingly similar” to the charged offense; but conclusive DNA evidence rendered the error harmless.