Ind. Code § 30-5-6-4, setting forth who may make a request and receive an accounting from an attorney in fact, applies to all power of attorneys (not just those created after the amendment of the statute on July 1, 2012).
Woods v. State, No. 20A03-1506-PC-688, ___ N.E.3d ___ (Ind. Ct. App. Dec. 29, 2015).
Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.
D.A. v. State, No. 48A02-1504-MI-215, ___ N.E.3d ___ (Ind. Ct. App. Dec. 31, 2015).
Trial court, having expunged defendant’s convictions, should also have granted defendant’s request to expunge the records of a civil forfeiture proceeding that arose from the same facts underlying the convictions; expungement statute was ambiguous on that point, but as a remedial statute must be liberally construed.
Collip v. Ratts, No. 49A05-1501-CT-1, __ N.E.3d __ (Ind. Ct. App., Dec. 31, 2015).
Doctors have a duty of reasonable care to a nurse practitioner’s patients in fulfilling the doctor’s obligations under a collaborative practice agreement between the doctor and the nurse practitioner.
State v. J.S., No. 16A04-1503-MI-89, __ N.E.3d __ (Ind. Ct. App., Dec. 28, 2015).
Trial court could not prevent the Bureau of Motor Vehicles from disclosing expunged OWI conviction to Commercial Driver’s License Information System. (At issue is the expungement law effective July 1, 2013, which has since been amended.)