Addresses “how to apply Strickland’s [Sixth Amendment ineffective assistance of counsel] prejudice test where ineffective assistance results in a rejection of the plea offer and the defendant is convicted at the ensuing trial.”
Nicholson v. State, No. 55S01-1107-CR-444, __ N.E.2d __ (Ind., Mar. 21, 2012).
Stalking conviction affirmed when alleged harassment included a twenty-two month hiatus, due largely to defendant’s incarceration.
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.
Lakes v. Grange Mutual Casualty Co., No. 89S05-1109-CT-53, ___ N.E.2d ___ (Ind., March 20, 2012).
The tortfeasor’s vehicle was underinsured because the amount actually paid to the plaintiff was less than the per-person limit of liability of the underinsurance endorsement.
Klinker v. First Merchants Bank, N.A., No. 01S04-1107-PL-438, ___ N.E.2d ___ (Ind., March 20, 2012).
Although the plaintiff’s evidence tends to show multiple badges of fraud, it is not sufficient to warrant entry of summary judgment on the element of mens rea.