Applies mistrial analysis to juror’s statement she saw a person in the gallery and was concerned for her safety.
Swallows v. State, No. 03A05-1412-CR-549, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2015).
Savings clause prohibits application of current sentence modification statute to a crime committed prior to July 1, 2014.
Wilson v. State, No. 45A03-1409-CR-317, __ N.E.3d __ (Ind. Ct. App., Apr. 30, 2015).
When the defendant struggled with the bailiffs after using profanity and disrupting the trial, the defendant waived his right to be present and the trial court did not err by removing him from the courtroom without first having warned him such conduct would result in removal.
DePuy Orthopaedics, Inc. v. Brown, No. 49S02-1504-CT-225, __N.E.3d __ (Ind., April 24, 2015).
The trial court reasonably concluded that Indiana was the appropriate forum for litigation brought by out-of-state plaintiffs against an in-state manufacturer.
Bogner v. Bogner, No. 45S04-1501-DR-23, __N.E.3d __ (Ind., April 28, 2015).
The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”