Plea agreement waiving “right to challenge sentence on the basis it is erroneous” is enforced on appeal.
Appeals
Myers v. Coats, No. 49A04-1104-PL-20, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
Plaintiff had a liberty interest in not being mistakenly labeled as a sex offender and the process to challenge such erroneous listing was inadequate, however, there was no genuine issue of material fact as to whether a DOC employee personally deprived plaintiff of a constitutional right.
Santelli v. Rahmatullah, No. 49A04-1011-CT-70, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
Adopts adopt Restatement (Third) of Torts § 14, “Tortfeasor Liable For Failure To Protect The Plaintiff From The Specific Risk Of An Intentional Tort.”
In re Paternity of S.C., No. 30A01-1107-JP-322, ___ N.E.2d ___ (Ind. Ct. App., March 29, 2012).
The trial court properly vacated a paternity order issued under a fraudulent pretext.
Bunch v. State, No. 16A05-1007-PC-439, __ N.E.2d __ (Ind. Ct. App., Mar. 21, 2012).
Expert “fire victim toxicology analysis” testimony, developed as scientifically reliable after defendant’s arson felony murder trial, constituted newly discovered evidence and warranted a new trial.