Convictions based on the same subsection of the rape statute that are mutually exclusive criminal acts — forcible sexual intercourse and forcible other sexual conduct — do not violate double jeopardy.
T. Crone
State v. Lucas, No. 22A-CT-1693, __ N.E.3d __ (Ind. Ct. App., Oct. 31, 2023).
The Indiana Tort Claims Act’s discretionary function immunity provision does not apply to a negligent redesign of a highway claim.
In re Adoption of E.S.J., No. 23A-AD-1161, __ N.E.3d __ (Ind. Ct. App., Sept. 28, 2023).
Ind. Code 31-19-2-2, regarding adoptions, is a special venue statute to which T.R. 75(A)(8) applies. Preferred venue lies in any county where the petition is to be filed under the statute.
Englehardt v. State, No. 22A-CR-1760, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2023).
A mistrial is an extreme remedy that is warranted only when no other curative action can be expected to remedy the situation.
Gierek v. Anonymous 1, No. 22A-CT-1225, __N.E.3d __ (Ind. Ct. App., June 14, 2023).
The trial court had subject matter jurisdiction to grant plaintiffs’ motions to certify a class as a preliminary determination under the Medical Malpractice Act.