Consultation by alleged delinquent and parents with public defender prior to initial hearing supports conclusion the waiver of counsel at that hearing was knowing, intelligent, and voluntary.
J. Baker
Camm v. State, No. 87A01-1102-CR-25, __ N.E.2d __ (Ind. Ct. App., Nov. , 2011).
Prosecutor’s having signed a contract to write a book about the prosecution, along with indications he still intended to write the book after the second retrial was completed, was an “actual conflict of interest” warranting his replacement with a special prosecutor.
Broude v. State, No. 75A03-1101-CR-37, __ N.E.2d __ (Ind. Ct. App., Oct. 24, 2011).
When trial began and child molestation victim could not testify in court, two week continuance to provide for closed-circuit television testimony was not erroneous.
Plank v. Community Hospitals of Indiana, Inc., No. 49A04-1004-CT-25, ___ N.E.2d ___ (Ind. Ct. App., Oct. 25, 2011).
Plaintiff is entitled to an evidentiary hearing about whether the state’s statutory cap on medical malpractice awards is unconstitutional.
Johnson v. Jacobs, No. 47A01-1102-CT-35, ___ N.E.2d ___ (Ind. Ct. App., Oct. 20, 2011).
Father’s intentional criminal actions of killing his daughter and himself trigger the intervening, superseding cause doctrine, and broke the causal chain between the defendant’s alleged negligence and the daughter’s death; none of the actions or inaction of any of the defendants could be considered a proximate cause of the daughter’s death as a matter of law.