The twenty-seven-year sentence the prosecutor recommended, and thirty-six-year enhanced sentence imposed by the trial court, absent more significant aggravating factors, was inappropriate.
Johnson v. State, No. 20S-CR-61, __ N.E.3d __ (Ind., May 22, 2020).
A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.
Wahl v. State, No. 19A-CR-2258, __ N.E.3d __ (Ind. Ct. App., May 12, 2020).
Video reenactment may be taken with consent and questions during such reenactment due not amount to custodial interrogation where the officer’s inquiry is merely general on-the-scene questioning as to facts surrounding a crime or other general questioning of citizens in the fact-finding process.
Harris v. State, No. 19A-CR-1863, __ N.E.3d __ (Ind. Ct. App., May 13, 2020).
Pursuant to Indiana Rule of Evidence 615(c), the parent of a juvenile waived to adult court is a person whose presence a party shows to be essential to presenting the party’s claim or defense.
FM Nephrology Partners N. Central Ind. Dialysis Centers, LLC v. Meritain Health, Inc., No. 20S-PL-302, __ N.E.3d __ (Ind., May 11, 2020).
Case was not preempted by ERISA when a health-care provider sued defendant health-insurance plans, which are governed by ERISA, allege they failed to pay agreed reimbursement rates for covered services under their plans.