Intimidation conviction was reversed because the threat was not transmitted in a way that the defendant knew or had good reason to know the statement would reach the victim.
Appeals
Barcroft v. State, No. 49A05-1704-CR-844, __ N.E.3d __ (Ind. Ct. App., Dec. 19, 2017).
Trial court erred in finding defendant guilty but mentally ill when it rejected the findings of three mental-health experts and relied on demeanor evidence that had no probative value on the question of her sanity.
Fields v. State, No. 43A03-1704-CR-856, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2017).
Trial court properly denied defendant’s motion to dismiss charges against him because the arresting officer was acting as a de facto officer and his failure to take the statutory oath was a technical defect.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.
Alford v. Johnson Cnty. Commissioners, No. 73A04-1702-PL-223, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2017).
Trial court properly dismissed for failure to state a claim a complaint by defendants that the rights of indigent criminal defendants are being ignored because the attorneys assigned as public defenders are burdened by unmanageable caseloads and not providing actual assistance of counsel as required by the United States Constitution and the Indiana Constitution.