When probationer in open court was informed of date for revocation fact-finding hearing, and would have learned of the rescheduling of the hearing had she appeared on the original date scheduled, she could be tried in absentia when she did not appear at the rescheduled hearing.
Burke v. Bennett, No. 84S01-0904-CV-148, ___ N.E.2d ___ (Ind., June 16, 2009)
Mayoral candidate’s allegation that his opponent was disqualified due to certain pre-election employment was inapplicable to establish ineligibility in a post-campaign election contest.
Spar v. Cha, No. 45S05-0906-CV-273, ___ N.E.2d ___ (Ind., June 16, 2009)
Incurred risk is not a defense to medical malpractice based on negligence or lack of informed consent; plaintiff’s consents to prior surgeries were admissible to counter her lack-of-informed-consent claim to the extent that claim was based on failure to inform her of typical risks in the procedure.
Davis v. State, No. 45A03-0808-CR-407, __ N.E.2d __ (Ind. Ct. App., June 11, 2009)
Search based on a warrant based in part on information obtained in violation of the 4th Amendment was upheld when the remaining information for the warrant was not illegally obtained and sufficed to show probable cause.
Brown v. State, No. 34A05-0812-CR-716, __ N.E.2d __ (Ind. Ct. App., June 12, 2009)
Plurality agrees defendant receives no sentence credit for period he was arrested on charges unrelated to the one he pled guilty to and which were dismissed; plurality agrees defendant receives credit from time he was arrested on charge he pled guilty to.