Because the designated evidence negates the proximate cause element of the legal malpractice claim, the trial court properly granted summary judgment.
Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).
Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.
Hummel v. State, No. 75A03-1710-PC-2449, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2018).
A PCR court has the authority to accept agreements that modify the sentence in the underlying criminal case, whether that judge is an elected judge, a judge pro tempore, or a special judge. Once accepted, the State is bound by the terms of that agreement
Schmitt v. State, No. 83A04-1711-CR-2720, __ N.E.3d __ (Ind. Ct. App., Sept. 10, 2018
Courts are no longer statutorily required to have prosecutorial consent to modify a sentence, but if it makes a preliminary determination that it would grant a petition to modify it should request documentation from the DOC and hold a hearing on the petition.
J.K. v. Ind. Dept. of Child Svcs., No. 18A-JT-529, __ N.E.3d __ (Ind. Ct. App., Sept. 7, 2018).
Admonishes DCS for its failure to afford litigants their due process rights and reminds the trial courts of their duty to ensure that litigants’ due process rights are not violated.