Published by the Indiana Office of Court Services
To file a belated habitual offender charge, the State must affirmatively demonstrate good cause.
For the jury to receive an instruction on alleged lesser-included offense, the offense must either be an inherently or factually included offense to the principal charge and there must be a serious evidentiary dispute regarding the element that distinguishes the lesser offense from the principal charge. Moreover, a defendant must receive fair notice of the charge against which he must defend at trial.
Temple had a duty to protect its attendees when it had notice of present and specific circumstances that would cause a reasonable person to recognize the risk of an imminent criminal act, and had reason to recognize the probability or likelihood of looming harm on a special day of celebration.
A nonclaim statute may be tolled in cases of fraudulent concealment.
Statements to a witness in a pending action to “bow out” to not “lose anything in the end” is sufficient to sustain a conviction for attempted obstruction of justice.
251 N. Illinois Street, Suite 800
Indianapolis, Indiana 46204
Case Clips are selected decisions of the Indiana appellate courts abstracted for judges by the Indiana Office of Court Services. The full text of Indiana opinions may be retrieved from the Indiana Judicial System website at courts.IN.gov/opinions.
The Indiana Office of Court Services is the staff agency for the Judicial Conference of Indiana and serves Indiana judges and court personnel by providing educational programs, publications, and research assistance.
All content © 2021 Indiana Judicial Center courts.IN.gov