Evidence of discounts provided to patients who either have private health insurance or are covered by government healthcare reimbursement programs is relevant, admissible evidence regarding the determination of reasonable charges under the Indiana Hospital Lien Act.
E. Najam
Woods v. State, No. 20A03-1506-PC-688, ___ N.E.3d ___ (Ind. Ct. App. Dec. 29, 2015).
Post-conviction court erred in finding that defendant received effective assistance of trial counsel; there was no serious dispute that counsel (now deceased) had failed prior to trial to communicate a guilty-plea offer that would have reduced defendant’s sentence exposure to about half of what he actually received.
D.A. v. State, No. 48A02-1504-MI-215, ___ N.E.3d ___ (Ind. Ct. App. Dec. 31, 2015).
Trial court, having expunged defendant’s convictions, should also have granted defendant’s request to expunge the records of a civil forfeiture proceeding that arose from the same facts underlying the convictions; expungement statute was ambiguous on that point, but as a remedial statute must be liberally construed.
Lewis v. State, No. 49A02-1504-CR-193, ___ N.E.3d ___ (Ind. Ct. App. Nov. 30, 2015).
Fleeing from police by auto, then by foot, was one continuous act of fleeing and therefore, under federal double jeopardy principles, could support only one conviction for resisting law enforcement.
Hilligoss v. State, No. 34A02-1506-CR-529, ___ N.E.3d ___ (Ind. Ct. App. Nov. 18, 2015).
Failing to advise defendant of constitutional rights before accepting his admission to violating probation is a fundamental violation of due process, requiring remand for new revocation hearing. Extensions of probation for previous violations exceeded one additional year in violation of I.C. § 35-38-2-3(h)(2).