A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.
Garrett v. State, No. 49S04-1207-PC-431, __ N.E.2d __ (Ind., Aug. 28, 2013).
“[T]he ‘actual evidence’ test . . . is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury.”
Oney v. State, No. 49S05-1212-CR-668, __ N.E.2d __ (Ind., Aug. 28, 2013).
“Although a defendant who pleads guilty to driving while suspended as a habitual traffic violator may not later challenge the plea contending that an underlying offense has been set aside on grounds of procedural error, a defendant may be entitled to relief where an underlying offense has been set aside on grounds of material error.”
Schoettmer v. Wright, No. 49S04-1210-CT-607, __ N.E.2d __ (Ind., Aug. 27, 2013).
Equitable estoppel can prevent defendant from using the Indiana Tort Claims Act time limit as a defense.
Santelli v. Rahmatullah, No. 49S04-1212-CT-667, __ N.E.2d __ (Ind., Aug. 28, 2013).
A jury must consider the intentional acts of non-parties in addition to defendant’s alleged negligent acts, but the non-party and defendant are not jointly and severally liable.