The Dram Shop Act modified common-law liability against entities that furnish alcohol, but did not eliminate it.
Supreme
Teising v. State, No. 24S-CR-55, __ N.E.3d __ (Ind., Feb. 15, 2024).
The maxim that “ignorance of the law is no excuse” does not relieve the State of its burden to prove criminal intent, even when the defendant bases their claimed lack of intent on a misunderstanding of the civil law.
State ex. rel. Allen v. Carroll Cir. Ct., No. 23S‐OR‐311, __ N.E.3d __ (Ind., Feb. 8, 2024).
The trial court lacked the authority to remove counsel without considering other, less drastic options and weighing the prejudice to the defendant.
Morehouse v. Dux North, LLC, No. 23S-PL-71, __ N.E.3d __ (Ind., Feb. 8, 2024).
For an implied easement by prior use, the claimed servitude must predate the severance creating the separate parcels. For an implied easement of necessity, the claimed necessity need arise only at severance and not before.
Spells v. State, No. 23S-CR-232, __ N.E.3d __ (Ind., Jan. 30, 2024).
The statutory cash bail agreement permits application of cash bail to the whole of a defendant’s public-defender costs. However, a court may retain cash bail to pay most other fines, costs, and fees only after considering the defendant’s ability to pay.