When deciding whether a defendant properly waives the right to counsel in capital and LWOP cases, a trial court should frame its waiver inquiry with the state’s heightened reliability interests in mind. That inquiry should focus on whether, and to what extent, the defendant has prior experience with the legal system; the scope of the defendant’s knowledge of criminal law, legal procedures, rules of evidence, and sentencing; and whether and to what extent the defendant can articulate and present any possible defenses, including lesser-included offenses and mitigating evidence.
Lake Imaging, LLC v. Franciscan Alliance, Inc, No. 20A-CT-1490, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Indemnity claims brought by one health care provider against another are subject to the Indiana Medical Malpractice Act.
Nat’l Collegiate Athletic Assoc. v. Finnerty, No. 20A-CT-1069, __ N.E.3d __ (Ind. Ct. App., May 4, 2021).
Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.
Wampler v. State, 20A-PC-2043, __ N.E.3d __ (Ind. Ct. App., Apr. 28, 2021).
A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
Lake Co. Bd. Of Commissioners v. State, No. 20A-MI-1527, __ N.E.3d __ (Ind. Ct. App., April 30, 2021).
County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.