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Buddy & Pals III, Inc., Buddy & Pals II, Inc., Buddy & Pals Inc., Timothy Heidbreder, and William Frank Bailey, Jr. v. Christopher Falaschetti
18A-CT-1811
Civil tort. Affirms the denial of summary judgment to Buddy & Pals III, Inc. on Christopher Falaschetti’s negligence claim after he was punched by William Bailey upon Bailey’s ejection from the bar. Finds the bar had a duty to take precautions to protect its other patrons because Bailey’s violence was foreseeable.
Michael Casey v. State of Indiana (mem. dec.)
18A-CR-1775
Criminal. Affirms Michael Casey’s conviction for Level 4 felony unlawful possession of a firearm by a serious violent felon. Finds the Marion Superior Court did not err or abuse its discretion in permitting Casey’s statement to police to be played for the jury a second time.
Jeffery Gourley v. State of Indiana (mem. dec.)
18A-MI-572
Miscellaneous. Affirms the Henry Circuit Court’s dismissal of Jeffrey Gourley’s motion to remove his sexually violent predator status. Finds the “by operation of law” provision of a 2007 amendment to Indiana Code section 35-38-1-7.5 does not violate the ex post facto or separation of powers clauses of the Indiana Constitution. Also finds the trial court did not err in granting the state’s motion to dismiss on res judicata grounds.
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