Reust v. State, No. 18A-CR-2887, __ N.E.3d __ (Ind. Ct. App., Dec. 17, 2019).

December 30, 2019 | Volume 76 Issue 49 | Filed Under: Criminal | Tagged: ,

Landscaping at a new home construction site does not fall under the Indiana Home Improvement Fraud Statute, which requires that the consumer live in the dwelling at the time of the home improvement.

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Adams v. State, No. 18A-CR-1544, __ N.E.3d __ (Ind. Ct. App., March 15, 2019).

March 18, 2019 | Volume 76 Issue 11 | Filed Under: Criminal | Tagged: ,

The rule of lenity implements legislative intent by awarding defendant with one day of accrued time for the approximate six to eight hours he spent in jail before posting bond.

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Trice v. State, No. 18A-CR-697, __ N.E.3d __ (Ind. Ct. App., Nov. 13, 2018).

November 19, 2018 | Volume 75 Issue 43 | Filed Under: Criminal | Tagged: , ,

Carrying a handgun without a license does not constitute “misuse” to warrant an order to destroy the handgun.

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Stickrod v. State, No. 79A04-1710-CR-2473, __ N.E.3d __ (Ind. Ct. App., Aug. 3, 2018).

August 6, 2018 | Volume 75 Issue 29 | Filed Under: Criminal | Tagged: ,

The entry of judgments of convictions for two counts of possession of methamphetamine violated double jeopardy; merging the two convictions at sentencing was insufficient to correct the violation.

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Certa v. Steak’n Shake Operations, Inc., No. 79A05-1708-CT-1873,__ N.E.3d __ (Ind. Ct. App., May 29, 2018).

June 4, 2018 | Volume 75 Issue 20 | Filed Under: Civil | Tagged: ,

Using the Rogers/Goodwin analysis, restaurant had a duty to protect restaurant patron from injury caused by another patron when the restaurant knew that the patrons had engaged in a verbal altercation and was aware of the potential for escalation of the conflict.

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