Company who removed resident’s possessions during an eviction was a bailee of a mutual benefit bailment and had a duty to exercise ordinary care with resident’s possessions.
P. Mathias
Niccum v. State, No. 21A-CR-1533, __ N.E.3d __ (Ind. Ct. App., Dec. 20, 2021).
The calculation of good time credit is a function of the defendant’s accrued time.
Washington v. State, No. 21A-CR-997, _ N.E.3d __ (Ind. Ct. App., Dec. 9, 2021).
The market reports exception to hearsay under Evidence Rule 803(17) does not apply to allow the admission of evidence from Drugs.com that was used to identify pills for possession charges.
Stott v. State, 20A-CR-1924, __ N.E.3d __ (Ind. Ct. App., Aug. 13, 2021).
To establish admissibility based on the present sense impression exception to the hearsay rule, witnesses’ statements to police officers in a recording must demonstrate, among other things, contemporaneity between the events perceived and the declarations about those events. Moreover, it is the proponent’s burden to establish the strong showing of authenticity and competency for the admissibility of photographs used as substantive evidence under the silent-witness theory.
Lake Co. Bd. Of Commissioners v. State, No. 20A-MI-1527, __ N.E.3d __ (Ind. Ct. App., April 30, 2021).
County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.