When the defendant struggled with the bailiffs after using profanity and disrupting the trial, the defendant waived his right to be present and the trial court did not err by removing him from the courtroom without first having warned him such conduct would result in removal.
C. Bradford
Jackson v. State, No. 34A01-1409-CR-455, __ N.E.2d __ (Ind. Ct. App., Mar. 31, 2015).
Probation condition to report within forty-eight hours an arrest or charge for a “new criminal offense” was ambiguous as to whether it applied to an arrest or charge for an offense committed before the probationary period began; holds the ambiguity must be construed against the State, so that the reporting condition did not include arrests or charges for offenses committed before probation began.
Ball Memorial Hospital, Inc. v. Fair, No. 18A02-1405-CT-316, __N.E.3d __ (Ind. Ct. App., March 2, 2015).
Based on the principles of notice pleading, Plaintiff can pursue negligence claims against the hospital’s pharmacist despite not making the claim to the medical review panel.
Orange v. Morris, No. 45A03-1310-PL-414, __ N.E.3d __ (Ind. Ct. App., Dec. 18, 2014).
City court judge properly filed a complaint in mandamus in Circuit Court instead of issuing a mandate order under T.R. 60.5.
Williams v. State, No. 34A02-1406-CR-418, __ N.E.3d __ (Ind. Ct. App., Dec. 9, 2014).
When auto’s tail light had a hole in it such that the white light from the hole was “overwhelming,” as long as there was some red light plainly visible at 500 feet there was no violation of the tail lamp statute and the stop predicated on a tail lamp violation was illegal.