At the least, the trial court must give an inmate forty-five days to pay the partial filing fee.
Appeals
McKeen v. Turner, No. 53A05-1511-CT-2047, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2016).
“[A] plaintiff may raise any theories of alleged malpractice during litigation following the [Medical Review Panel] process if (1) the proposed complaint encompasses the theories, and (2) the evidence related to those theories was before the [Medical Review Panel].”
Sturdivant v. State, 08A02-1601-CR-186, __N.E.3d__ (Ind. Ct. App., Sept. 28, 2016).
Trial courts are in the best position to assess the competency of criminal defendants and the knowingness and intelligence of waivers of the right to counsel, and that determination will only be reversed if it was clearly erroneous.
Herron v. State, No. 71A04-1602-CR-306, __ N.E.3d __ (Ind. Ct. App., Sept. 30, 2016).
Where the state charged the defendant with obstruction of justice citing the wrong provision of that statute, defendant’s motion for directed verdict should have been granted.
Sedam v. 2Jr Pizza Enterprises, No. 39A05-1602-CT-296, __ N.E.3d __ (Ind. Ct. App., Sept. 27, 2016).
An employer’s admission that its employee committed the alleged negligent act within the course and scope of her employment does not preclude an action for negligent hiring, training, supervision, and retention.