There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
C. Bradford
South Shore Baseball, LLC v. DeJesus, No. 45A03-1205-CT-222,___ N.E.2d ___ (Ind. Ct. App., Feb. 15, 2013).
After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
Sanjari v. State, No. 20A03-1206-CR-273, __ N.E.2d __ (Ind. Ct. App., Jan. 15, 2013).
When a trial court resentences multiple counts on remand, no presumption of vindictive sentencing arises if the aggregate resentence is not greater than the original aggregate sentence.
Thomas v. State, No. 64A03-1204-PL-191, __ N.E.2d __ (Ind. Ct. App., Nov. 28, 2012).
Ten year statute of limitations applies to habitual traffic violator suspensions; three-year delay in imposition of habitual traffic offender suspension was not shown to be subject to “extreme unfairness” basis for applying laches to bar an administrative regulatory sanction.
Lebo v. State, No. 46A05-1202-CR-104, __ N.E.2d __ (Ind. Ct. App., Nov. 16, 2012).
The B misdemeanor offense of failure to report child abuse or neglect is a continuing offense, and hence is not subject to the misdemeanor statute of limitations.