A trial court must consider evidence of defendant’s lack of competency prior to a hearing on the State’s petition to revoke placement in community corrections.
Martinez v. Oaklawn Psychiatric Center, No. 18A-CT-2883, __ N.E.3d __ (Ind. Ct. App., July 12, 2019).
The test as to whether the Medical Malpractice Act applies to specific misconduct is to determine whether that misconduct arises naturally or predictably from the relationship between the health care provider and patient or from an opportunity provided by that relationship.
River Ridge Development Authority v. Outfront Media, LLC, No. 18A-PL-2347, __ N.E.3d __ (Ind. Ct. App., July 15, 2019).
Obdurate behavior is no longer an exception to the American Rule for attorney fees
Riley v. State, No. 18A-CR-2015, __ N.E.3d __ (Ind. Ct. App., July 8, 2019).
Indiana Code 35-33-8-5 allows the court to increase bail, but only after the State requests the increase and presents evidence in support.
Whitfield v. State, No. 18A-CR-2428, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
When the State seeks to peremptorily strike a potential juror based partially on the juror’s demeanor and the defense raises a Batson challenge of racial discrimination, the trial court should make factual findings regarding its observations of the juror’s demeanor.