After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
C. Bradford
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.
Couch v. State, No. 48A04-1204-CR-181, __ N.E.2d __ (Ind. Ct. App., Nov. 14, 2012).
At sentencing the court heard testimony about other victims’ molestations, which were not to be charged under the plea bargain; caselaw holds conduct for which charges are avoided under a bargain cannot be used to give longer sentences, but here nothing in the record indicated the court considered the testimony as an aggravating factor.