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.)
Storch v. Provision Living, LLC, No. 49A02-1505-CT-352, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2015).
Estate is entitled to an award of attorney fees for a tort claim pursuant to a contract awarding the prevailing party attorney fees for “any controversy, claim, or dispute between the parties hereto, arising out of or relating to this Agreement or the breach thereof.”
Blackmon v. State, No. 48A02-1505-CR-270, ___ N.E.3d ___ (Ind. Ct. App. Dec. 15, 2015).
Trial court did not err in denying Batson challenge, even though one of the State’s two race-neutral reasons for striking prospective juror was suspect and trial court did not specify which reason it found credible; under the “dual-motive” approach, the record showed the State would have exercised the strike even without the suspect reason.