A firearms seller is immune from a damages suit for injuries caused by another person’s misuse of a firearm, but the seller is not immune from a public nuisance claim seeking equitable relief.
Ryan v. TCI Architects/Engineers/Contractors, Inc., No. 49S02-1704-CT-253, __ N.E.3d __ (Ind., April 26, 2017).
By entering into a contract containing language that required general contractor to assume responsibility for implementing and monitoring safety precautions and programs for all individuals working on the site, and by agreeing to designate a safety representative to supervise such implementation and monitoring, the general contractor affirmatively demonstrated an intent to assume a nondelegable duty of care toward the subcontractor.
Johnson v. State, No. 32A05-1604-CR-703, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.
Burnett v. State, No. 49A02-1610-CR-2402, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
The trial court, not the probation department, has the discretion to impose probation fees, and must conduct an indigency hearing before doing so.
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.