In a medical malpractice case, expert’s testimony about his personal practices is relevant and admissible for the purpose of impeaching his testimony about the standard of care.
Leonard v. State, No. 71S00-1509-LW-539, __ N.E.3d __ (Ind., May 2, 2017).
In the Richmond Hill explosion murder case, resulting in trial court imposition of two consecutive life without parole sentences, the evidence was sufficient; the State proved the intentional burning aggravator beyond a reasonable doubt; recorded phone calls from prison between defendant and special agent were properly admitted; and, Indiana’s life without parole statute is constitutional.
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., May 4, 2017).
Under the third-party doctrine, police are not required to obtain a search warrant to get historical cell-site location information from a cell phone provider.
Humphrey v. State, No. 48S02-1609-PC-480, __ N.E.3d __ (Ind. Ct. App., May 5, 2017).
Post-conviction relief due to ineffective assistance of counsel was granted fifteen years after murder conviction affirmed on appeal and not barred by the doctrine of laches.
Ison v. State, No. 24A04-1607-PC-1618, __ N.E.3d __ (Ind. Ct. App., May 8, 2017).
Ind. Code § 35-50-2-9 does not contain a technical error as previously cited in a footnote to a prior opinion.