In a small claims matter, defendant was not required to formally plead a nonparty defense.
T. Crone
Tyree v. State, No. 23A-CR-2153, __ N.E.3d __ (Ind. Ct. App., June 14, 2024).
Ind. Code 35-38-4-2(a)(5), which permits the State to appeal “from an order granting a motion to suppress evidence, if the ultimate effect of the order is to preclude further prosecution of one (1) or more counts of an information or indictment,” focuses on the effect of the trial court’s ruling: whether the ruling on the defendant’s motion prevents the State from presenting evidence necessary to prove its case.
Stone v. State, No. 23A-CR-625, __ N.E.3d __ (Ind. Ct. App., Jan. 12, 2024).
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.
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.