Trial court abused its discretion in finding that defendant’s violation warranted revoking his community corrections placement and in ordering him to serve eighteen months in jail.
State v. Marion Superior Court, No. No. 49S00-1605-OR-294, __ N.E.3d __ (Ind., July 5, 2016).
Supreme Court granted the original action seeking to compel change of judge on remand.
Green v. Robertson, No. 49A02-1509-MI-1487__ N.E.3d __ (Ind. Ct. App., July 5, 2016).
“Where recovery is limited to damages for increased risk of harm because the patient stood less than a 50% chance of recovery prior to encountering the physician’s negligence, the trial court may consider evidence of the patient’s underlying risk in order to determine the appropriate amount of damages.”
Jimerson v. State, No. 52A02-1510-CR-1538, __N.E.3d__ (Ind. Ct. App., June 23, 2016).
“Where a jury is able to apply concepts without further assistance, highlighting individual exchanges or vouching for the truth or falsity of particular evidence is invasive.”
Clippinger v. State, No. 71S00-1501-LW-950 , __ N.E.3d __ (Ind., June 28, 2016).
The legislature intended a sentence of life imprisonment without possibility of parole to fit within the definition of a “term of imprisonment” and when imposing such a sentence the trial court must make certain specific findings.