B misdemeanor sentence of 30 executed, 150 suspended, and 365 probation exceeded the statutory one year maximum combined imprisonment and probation limit.
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Homestead Finance Corp. v. Southwood Manor L.P., No. 71A04-1103-CC-167, ___ N.E.2d ___ (Ind. Ct. App., Oct. 26, 2011).
A lienholder is no longer subject to the Park Owner’s Lien Statute (Ind. Code § 16-41-27-29) once it releases its lien on a mobile home.
Hamilton v. State, No. 49S02-1110-CR-621, __ N.E.2d __ (Ind., Oct. 19, 2011).
Defendant’s A felony child molesting sentence is revised from the fifty year maximum to thirty-five years.
Brock v. State, No. 38S02-1101-CR-8, __ N.E.2d __ (Ind., Oct. 18, 2011).
Defendant had no opportunity to object to the court’s declaration of a mistrial and accordingly cannot be said to have consented to it by failure to timely object, but the repeated improper comments by defense counsel in trial warranted the trial court’s declaration of a mistrial without defense consent, under the manifest necessity standard.