In a medical malpractice case, expert’s testimony about his personal practices is relevant and admissible for the purpose of impeaching his testimony about the standard of care.
Appeals
Ison v. State, No. 24A04-1607-PC-1618, __ N.E.3d __ (Ind. Ct. App., May 8, 2017).
Ind. Code § 35-50-2-9 does not contain a technical error as previously cited in a footnote to a prior opinion.
L.G. v. S.L., No. 29A04-1607-AD-1756, __ N.E.3d __ (Ind. Ct. App., May 4, 2017).
There was an appearance of impropriety when the attorney for one side wrote a letter of recommendation for the trial court judge while the case was pending; trial court judge should have recused himself from the proceedings.
Bass v. State, No. 03A01-1606-CR-1493, __ N.E.3d __ (Ind. Ct. App., April 27, 2017).
Trial court did not remedy defendant’s double jeopardy concern when it entered a judgment of conviction for the offense and its lesser-included offense (Class A misdemeanor OWI and Class C misdemeanor
OwI) and then merged the offenses purposes of sentencing.
Johnson v. State, No. 32A05-1604-CR-703, __ N.E.3d __ (Ind. Ct. App., April 19, 2017).
Under legislation amended in 2015, if the offender was released more than ten years before the current offense the conviction does not count for habitual offender purposes.