Parties to noncompetition agreements cannot use a reformation clause to contract around the blue pencil doctrine, which provides that reviewing courts may delete, but not add, language to revise unreasonable restrictive covenants.
Peele v. State, No. 19A-CR-1160, __ N.E.3d __ (Ind. Ct. App., Nov. 20, 2019).
Trial court erred in granting state’s continuance motion filed thirteen days before the speedy trial date, which was the same day it requested lab test results from the State Police Laboratory.
Girten v. State, No. 18A-CR-2252, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2019).
Defendant’s conviction for strangulation committed while engaging in a rape for which he was also convicted should have been vacated under the actual evidence test on double jeopardy grounds instead of the continuous crime doctrine.
In re Guardianship of Xitumel, No. 19A-GU-948, __ N.E.3d __ (Ind. Ct. App., Nov. 20, 2019).
Guardianship was necessary even though uncle held a foreign power of attorney. The trial court should have granted the petition for guardianship and included thorough special immigrant juvenile (SIJ) findings
Strickholm v. Anonymous Nurse Practitioner, No. 19A-MI-696, __ N.E.3d __ (Ind. Ct. App., Nov. 21, 2019).
It is a genuine issue of material fact as to whether an appointment to check blood pressure and review of those results was considered medical care to delay the statute of limitations.