When the government knows of an existing defect in a public thoroughfare, and when it has ample opportunity to respond, immunity does not apply simply because the defect manifests during recurring inclement weather.
M. Massa
Miller v. Patel, No. 21S-CT-455, __ N.E.3d __ (Ind., Oct. 7, 2021).
Emergency Medical Treatment and Labor Act’s statute of limitations does not preempt an amendment under Trial Rule 15(C).
Bradbury v. State, No. 21S-PC-441, __ N.E.3d __ (Ind., Oct. 1, 2021).
Trial counsel was not ineffective for stipulating that defendant’s alleged accomplice, was convicted of murder because the stipulation did not relieve the State of the burden to prove defendant’s intent. Trial counsel pursued a reasonable all-or-nothing strategy when he chose not to seek a lesser-included instruction on reckless homicide.
Larkin v. State, 21S-CR-427, __ N.E.3d __ (Ind., Sep. 14, 2021).
During a criminal trial, the prosecution can request a jury instruction on a lesser-included offense so long as the charging documents provide adequate notice and the record at trial reveals a serious evidentiary dispute.
Culver Community Teachers Assoc. v. Ind. Education Employment Relations Bd., No. No. 21S-PL-64, __ N.E.3d __ (Ind., Sept. 16, 2021).
Teachers can bargain for pay for ancillary duties, but cannot bargain on the definition of their duties.