A plaintiff seeking tort damages from both government and non-government defendants must sue all tortfeasors in one lawsuit to avoid issue preclusion.
Supreme
Hayko v. State, No. 23S-CR-13, __N.E.3d __ (Ind., June 22, 2023).
To lay a proper foundation for the admission of opinion testimony under Evidence Rule 608(a), the proponent must establish that the witness’s opinion is both rationally based on their personal knowledge and would be helpful to the trier of fact.
S.D. v. G.D., No. 23S-PO-89, __N.E.3d __ (Ind., June 26, 2023).
Protective order petitioner has a burden of showing that “domestic or family violence has occurred” and that respondent “represents a credible threat to the safety” of the petitioner or petitioner’s child. Trial courts need only determine whether the petitioner has made the requisite showings by a preponderance of the evidence.
Owen v. State, No. 21S-LW-333, __N.E.3d __ (Ind., June 8, 2023).
The record reflects that the statutory aggravators were supported by sufficient evidence and the jury was properly instructed; defendant was properly sentenced to life without parole.
Oberhansley v. State, No. 20S-LW-620, __ N.E.3d __ (Ind., May 17, 2023).
The jury’s LWOP recommendation implicitly reflected the necessary weighing determination; the trial court did not err in imposing the sentence. Considering his character and the nature of the crimes, the sentence was not inappropriate.