When defendant pled guilty to reckless homicide based on death of the driver of the vehicle defendant crashed into, the deceased driver’s passenger was a “victim” for whom trial court properly ordered restitution payment of medical expenses.
C. Bradford
Reid v. State, No. 89A01-1208-PC-377, __ N.E.2d __ (Ind. Ct. App., Apr. 8, 2013).
There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
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.