“[T]he LSI-R score is not in the nature of, nor may it be considered as, an aggravating or mitigating circumstance.”
Dept. of Correction v. Haley, No. 56A03-0911-CR-553, __ N.E.2d __ (Ind. Ct. App., June 9, 2010)
In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.
Ramirez v. State, No. 65A01-0911-CR-543, __ N.E.2d__ (Ind. Ct. App., May 28, 2010)
U.S. Supreme Court’s Melendez-Diaz holding does not require a change from prior Court of Appeals opinions that Dept. of Toxicology breathalyzer test certificate is not “testimonial” and hence is admissible without testimony from the tester.
Travelers Indemnity Co. v. Jarrells, No. 29S02-0908-CV-378, ___ N.E.2d ___ (Ind., May 27, 2010)
In future trials where the trier of fact finds that the evidence establishes that the plaintiff has received payment for some of the damages from collateral sources, the award should include those damages, but only to the extent that the evidence establishes an obligation to repay.
Gonzalez v. State, No. 82S01-0909-CR-408, __ N.E.2d __ (Ind., May 20, 2010)
“[A] defendant’s statements made to a victim or to the court in an effort to gain acceptance of a plea agreement by the court are statements in connection with a plea agreement and therefore are not admissible in evidence pursuant to Evidence Rule 410.”