Trial court abused its discretion by admitting a juvenile’s statements into evidence without a valid waiver of right. An adverse interest may arise if the evidence shows an adult waives the juvenile’s rights but stands to personally benefit from the waiver to the child’s detriment.
L. Rush
Automotive Finance Corp. v. Liu, No. 24S-CC-223, __ N.E.3d __ (Ind., Jan. 23, 2025).
Trial court could not use Trial Rule 60(B)(3) to grant relief on grounds that the defendant could have raised in a motion to correct error.
Ind. Dep’t of Ins. v. Doe, No. 23S-CT-306, __ N.E.3d __ (Ind., Dec. 23, 2024).
Indiana Patient’s Compensation Fund can challenge whether a claim falls within the Medical Malpractice Act (MMA) after a plaintiff concludes a settlement with a health care provider. A negligent-credentialing claim falls within the MMA only if the credentialed physician commits an act of medical malpractice. Claims premised on sexual assault by a physician during an authorized medical examination can fall within the MMA if the alleged misconduct stems from an inseparable part of the health care being rendered
Perdue Farms, Inc. v. L&B Transport, LLC, No. 24S-PL-40, __N.E.3d __ (Ind., Aug. 13, 2024).
Forum selection clause cannot be enforced against non-contracting employees for claims against them arising from the contract.
Hancz-Barron v. State, No. 22S-LW-310, __ N.E.3d __ (Ind., June 26, 2024).
To recommend LWOP, the jury must (1) find the state has proved beyond a reasonable doubt that at least one statutory aggravator exists, (2) provide a special verdict form for each aggravating circumstance alleged, and (3) find that any mitigating circumstances that exist are outweighed by the aggravating circumstance or circumstances. If those three steps are satisfied and the jury recommends LWOP, the court shall sentence the defendant accordingly. Moreover, depending on the circumstances of the crime(s), consecutive life sentences for each murder victim does not render the sentence disproportionate.