Defendant’s inability to give a sufficient sample on a chemical breath test after being suspected of driving under the influence was a refusal to take the test.
Appeals
Staggs v. Buxbaum, No. 47A04-1510-PL-1758, __ N.E.3d __ (Ind. Ct. App., June 28, 2016).
Crime Victim Relief Act (CVRA) damages are distinct from common law punitive damages; court properly awarded CVRA damages after making an “assessment of criminality.”
Anonymous M.D. v Lockridge, No. 39A01-1509-CT-1498, __ N.E.3d __ (Ind. Ct. App., June 29, 2016).
Derivative medical malpractice claim of decedent’s children was not time-barred because the children were under the age of six at the time of the alleged negligence and under the age of eight at the time of the filing of the complaint.
Arion v. State, No. 08A02-1508-CR-1278, __N.E.3d__ (Ind. Ct. App., June 22, 2016).
Trial courts have an affirmative duty to insure a speedy trial.
Humphrey v. State, No. 48A02-1508-PC-1238, __N.E.3d__ (Ind. Ct. App., June 23, 2016).
Even twenty years after conviction, relief may be granted when trial counsel’s assistance was ineffective.