Expungement was properly denied when, despite having no new convictions, petitioner had admitted in a pretrial diversion program to committing a new crime.
Lowden v. State, No. 49A02-1503-CR-170, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.
Williams v. State, No. 29A02-1506-CR-528, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
Defendant entered an “open plea,” despite plea agreement’s mistaken recitation that it was not, because trial court retained discretion over placement of the sentence. Defendant therefore did not waive right to appeal sentence.
Parkview Hospital v. Frost, No. 02A03-1507-PL-959, __ N.E.3d __ (Ind. Ct. App., March 14, 2016).
Evidence of discounts provided to patients who either have private health insurance or are covered by government healthcare reimbursement programs is relevant, admissible evidence regarding the determination of reasonable charges under the Indiana Hospital Lien Act.
Blaize v. State, No. 26S00-1410-LW-771, ___ N.E.3d ___ (Ind., March 1, 2016).
Trial judge’s comments to jury, though perhaps ill-advised, did not vouch for the credibility of the State’s cell-phone tower evidence and undermine Defendant’s alibi defense.