Using the broad type of plaintiff/broad type of harm analysis, third-party criminal act was not foreseeable. Defendant, wrestling event promoter, had no duty to plaintiff, attendee, who was attacked in the parking lot leaving the event.
Martinez v. State, No. 49A02-1609-CR-2155, __ N.E.3d __ (Ind. Ct. App., Aug. 8, 2017).
This panel declines to follow Jean-Baptiste v. State and holds personal waiver of the right to jury trial in a misdemeanor case is not constitutionally required.
State v. McKinney, No. 65A05-1611-CR-2624, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
Trial court abused its discretion in denying the State’s motions to exclude alleged child molester from victim’s deposition and for victim to testify via closed circuit television.
Currie v. State, No. 01A02-1609-PC-2077, __ N.E.3d __ (Ind. Ct. App., Aug. 9, 2017).
A post-conviction petition is not a successive petition until a first petition has been litigated to conclusion.
Leonard v. State, No. 02S00-1604-LW-185, __ N.E.3d __ (Ind., Aug. 11, 2017).
In the Richmond Hill explosion murder case, the evidence was sufficient to support the murder convictions and the statutory aggravator; the trial court properly refused to include the lesser-included jury instruction; and, Indiana’s life without parole statute is constitutional.