Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
L. Rush
Gittings v. Deal, No. 18S-TR-231, __ N.E.3d __ (Ind., Nov. 2, 2018).
Trust claims are subject to statutes of limitations to the extent they seek affirmative relief, but do not prevent the request for court approval of the property transfers.
State v. Norfolk So. Railway Co., No. 18S-IF-193, __ N.E.3d __ (Ind., Sept. 24, 2018).
The Interstate Commerce Commission Termination Act preempts Indiana’s blocked-railroad crossing statute.
R.R. v. State, No. 18S-JV-230, __ N.E.3d __ (Ind., Sept. 13, 2018).
A juvenile has a right to be present at a fact-finding hearing under Ind. Code 31-32-5-1, unless waived by counsel; waived by parent, guardian, custodian, or guardian ad litem; or waived by the child.
Cox v. Evansville Police Dept., No. 18S-CT-447, __ N.E.3d __ (Ind., Sept. 13, 2018).
Cities may be liable under the respondeat superior scope-of-employment rule for sexual assaults by on-duty police officers, but the common-carrier exception does not apply.