Consecutive habitual offender sentences are not authorized when related charges are tried in separate causes.
Bailey v. State, No. 49S02-0812-CR-00630, __ N.E.2d __ (Ind., June 18, 2009)
Disorderly conduct’s “tumultuous conduct” may occur “when the aggressor appears well on his way to inflicting serious bodily injury but relents in the face of superior force or creative resistance.”
Mathews v. State, No. 01A02-0901-CR-44, __N.E.2d __ (Ind. Ct. App., June 18, 2009)
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.