“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
Sturdivant v. State, 08A02-1601-CR-186, __N.E.3d__ (Ind. Ct. App., Sept. 28, 2016).
Trial courts are in the best position to assess the competency of criminal defendants and the knowingness and intelligence of waivers of the right to counsel, and that determination will only be reversed if it was clearly erroneous.
Bell v. State, No. 49S02-1609-CR-00501, __ N.E.3d __ (Ind., Sept. 29, 2016).
A trial court must consider a defendant’s ability to pay before entering a restitution order after hearing testimony of inability to pay without rebutting evidence.
Griffith v. State, No. 27S00-1503-LW-145, __ N.E.3d __ (Ind., Sept. 29, 2016).
Supreme Court upholds murder, robbery, and conspiracy to commit robbery conviction and sentence of life imprisonment without possibility of parole (LWOP).
Herron v. State, No. 71A04-1602-CR-306, __ N.E.3d __ (Ind. Ct. App., Sept. 30, 2016).
Where the state charged the defendant with obstruction of justice citing the wrong provision of that statute, defendant’s motion for directed verdict should have been granted.