A plaintiff seeking tort damages from both government and non-government defendants must sue all tortfeasors in one lawsuit to avoid issue preclusion.
C. Goff
Oberhansley v. State, No. 20S-LW-620, __ N.E.3d __ (Ind., May 17, 2023).
The jury’s LWOP recommendation implicitly reflected the necessary weighing determination; the trial court did not err in imposing the sentence. Considering his character and the nature of the crimes, the sentence was not inappropriate.
Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., May 3, 2023).
If a defendant wishes to challenge their guilty plea, they cannot do so through a direct appeal; the issue of whether a defendant’s guilty plea was knowing and voluntary should instead be pursued by filing a petition for post-conviction relief.
M.H. v. State, No. 22S-JV-251, __ N.E.3d __ (Ind., April 19, 2023).
When a decision implicates a new jurisdictional rule, as in K.C.G. v. State, courts are to apply the principle of non-retroactivity, rather than vacate a final judgment for voidness, unless the jurisdictional error compromised the reliability or fairness of the proceedings.
Decker v. Star Financial Group, Inc., No. 22S-PL-305, __ N.E.3d __ (Ind., March 21, 2023).
Bank could not add an arbitration addendum to terms and conditions of the bank account because the phrase, “any term of this agreement” only allowed modification existing terms, not adding a new term.