The Court reversed defendant’s conviction, finding that he was prejudiced by the ineffective assistance of counsel during the plea-bargaining process based on counsel’s incorrect advice as to the immigration consequences of a conviction.
Angel Shores Mobile Home Park, Inc. v. Crays, No. 79A02-1605-CT-1106, __ N.E.3d __ (Ind. Ct. App., June 20, 2017).
Child Wrongful Death Statute allows the recovery of attorney’s fees and expenses.
Totton v. Bukofchan No. 24A01-1612-CT-2849, __ N.E.3d __ (Ind. Ct. App., June 14, 2017).
If a non-physician healthcare provider, such as a chiropractor, is not qualified under Evidence Rule 702 to render an opinion as to medical causation because the causation issue is complex, then chiropractors sitting on medical review panels are likewise not qualified to render opinions as to medical causation when the causation issue is complex.
Daviess-Martin County Join Parks and Recreation Dept. v. Estate of Abel, No. 19A04-1607-CT-1563, __ N.E.3d __ (Ind. Ct. App., June 19, 2017).
Using the Rogers/Goodwin analysis, looking at the “broad type of plaintiff” and “broad type of harm” the lake owner/operator had no duty to a swimmer who contracted a rare infection from the lake because a reasonable person would not recognize the duty and agree that one exists.
Jones v. State, No. 49A02-1611-CR-2513, __ N.E.3d __ (Ind. Ct. App., June 12, 2017).
When defendant is convicted after a trial to the court, the right to waive allocution is personal to the defendant and may not be waived by counsel.