Defendant’s signing of documents that include a waiver of counsel do not fulfill the trial court’s responsibility to ensure a knowing, intelligent, and voluntary waiver.
Weida v. State, No. 79S02-1711-CR-00687, __ N.E.3d __ (Ind., April 12, 2018).
The prior version of Sex Offender Special Condition 26, providing a ban on using the internet, is unreasonable since it does not reasonably relate to probationer’s rehabilitation and protecting the public.
Roumbos v. Vazanellis, No. 45S03-1710-CT-635,__ N.E.3d __ (Ind., April 12, 2018).
In a legal malpractice case, defendants failed to establish, as a matter of law, that plaintiff would not have succeeded in her underlying premises-liability claim; it is a material-factual dispute that the designated evidence establishes that various wires on a hospital-room floor and the risks they pose would be apparent to a reasonable person.
Ivy v. State, No. 82A04-1711-PC-2506, __ N.E.3d __ (Ind. Ct. App., April 4, 2018).
Attempted murder conviction reversed because trial counsel failed to object to improper jury instruction, and tender a proper instruction, regarding the specific intent required to prove accomplice liability.
Robinson v. Ind. Dept. of Local Govt. Finance, No. 45A03-1707-PL-1643,__ N.E.3d __ (Ind. Ct. App., April 9, 2018).
Trial court does not have authority to transfer a case to the Tax Court; the case must be dismissed and refiled.