In a medical malpractice case, trial court could not address whether healthcare provider was statutorily immune from liability as a preliminary question of law.
Appeals
Kelly v. State, No. 24A-CT-859, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
The State is not obligated to defend and indemnify a former state agency employee for civil liability stemming from employee’s criminal conduct.
In re Adoption of R.G.B., No. 24A-CT-859, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Waiver of the home study requirement in an adoption when the adoptive parents are not a stepparent or the grandparents is reversible error.
Cohen v. State, No. 24A-CR-710, __ N.E.3d __ (Ind. Ct. App., Dec. 23, 2024).
Once a defendant demonstrates that they have testified pursuant to a grant of immunity to matters related to the prosecution before a grand jury, the State has the burden of showing an independent, legitimate source for the disputed evidence if the defendant/witness is the target of the same grand jury.
Helvie v. State, No. 24A-CR-1441, __ N.E.3d __ (Ind. Ct. App., Dec. 16, 2024).
Indiana Criminal Rule 3.3(C)(1) provides, in part, that a “defendant may plead guilty to all charged offenses without a plea agreement or to at least one of the charged offenses pursuant to a plea agreement negotiated with the state.” Therefore, absent a plea agreement, the Rule’s language precludes a defendant from pleading guilty to anything less than all of the charges.