Indiana disorderly conduct statute (Ind. Code § 35-45-1-3) includes both public and private disturbances, but only physical, and not verbal, altercations.
L. Rush
Jay Classroom Teachers Ass’n. v. Jay School Corp., No. 49S05-1603-PL-113, __ N.E.3d __ (Ind., July 21, 2016).
Given the deferential standard of review for agency action, the court upheld the Indiana Education Employment Relations Board factfinder’s decision.
Siner v. Kindred Hospital LP, No. 49S05-1604-CT-219, __ N.E.3d __ (Ind., April 28, 2016).
In this medical malpractice case, the defendants’ own designated evidence revealed conflicting medical opinions on the element of causation creating a genuine issue of material fact.
Horton v. State, No. 79S02-1510-CR-628, ___ N.E.3d ___ (Ind., April 21, 2016).
Defendant’s personal waiver of second-phase jury trial was required; counsel could not waive it on defendant’s behalf, even though defendant had just been through first phase of bifurcated trial.
Trial court did not abuse its discretion in taking judicial notice of prior case file as evidence of defendant’s prior conviction, because file was readily and publicly available and cause number was repeatedly an unambiguously identified on the record; however, better practice would have been to formally enter the relevant documents into the record.
Gibson v. State, No. 22S00-1206-DP-360, ___ N.E.3d ___ (Ind., April 12, 2016).
Allowing State to amend death-penalty charging information shortly before trial—changing the aggravator from having “committed” another murder to having “been convicted of” another murder—was not error.