Posso v. State, No. 21A-CR-369, __ N.E.3d __ (Ind. Ct. App., Nov. 30, 2021).

A defendant is entitled to be advised of his Indiana constitutional right to the presence and advice of counsel before making the decision to consent to a search of a motel room, vehicle, and/or cell phone.

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Reinoehl v. St. Joseph Cnty. Health Dept., __ N.E.3d __ (Ind. Ct. App., Dec. 3, 2021).

Complaint, alleging various causes of action related to the schooling of plaintiffs’ children while there were COVID-19 restrictions, was properly dismissed pursuant to TR 12(B)(6).

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Payne-Elliott v. Roman Catholic Archdiocese of Indianapolis, Inc., No. 21A-CP-936, __ N.E.3d __ (Ind. Ct. App., Nov. 23, 2021).

Trial court improperly granted T.R. 12(B)(1) motion for lack of subject matter jurisdiction. Because a fact-sensitive and claim-specific analysis is required to determine whether the First Amendment bars the claims against the church, the issue was not ripe for disposition.

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Wheeler v. State, No. 21A-MI-1175, __ N.E.3d __ (Ind. Ct. App., Nov. 17, 2021).

Inmate was not required to plead exhaustion of remedies to state a claim for negligence; his negligence claim was not subject to dismissal under the Screening Statute on that basis.

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Corbett v. State, No. 21A-CR-118, __ N.E.3d __ (Ind. Ct. App., Nov. 10, 2021).

Article 15 non-judicial punishment received while in the Navy is not a criminal conviction and cannot be used to impeach a witness under Evidence Rule 609.

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