Removal of juror on basis he was refusing to deliberate was reversible error.
M. May
Wilhoite v. State, No. 34A04-1303-CR-138, __ N.E.3d __ (Ind. Ct. App., Apr. 23, 2014).
There is no crime of conspiracy to commit an attempt to commit a crime, but failure to object waived the error,which was not fundamental as the defendant was effectively tried and convicted of conspiracy to commit armed robbery.
Goodman v. SeRine, No. 55A01-1304-PL-176., __ N.E.3d __ (Ind. Ct. App., March 31, 2014)
Although the sellers’ bankruptcy action had been dismissed, bankruptcy court was the proper venue for a quiet title action on property that was part of the bankruptcy estate.
Wood v. State, No. 53A05-1208-CR-423 , __ N.E.2d __ (Ind. Ct. App., Dec. 31, 2013).
Criminal Rule 4(C)’s one year period did not include the time required for the Indiana Supreme Court to appoint a special judge following withdrawal of a case from the trial judge pursuant to Criminal Rule 15 and Trial Rule 53.1. Affirms conviction for violating IC 14-15-4-1 on duties of a boat operator after a collision, but observes the “problematic” statute “permits no consideration of what is reasonable in any given emergency situation; nor does it permit citizens to engage in any balancing of considerations that arise in typical emergencies and are likely required by other statutes.”
Ind. Patient’s Compensation Fund v. Holcomb, No. 49A05-1207-CC-340, __ N.E.2d __ (Ind. Ct. App., Nov. 27, 2013).
Ind. Code § 34-18-18-1’s limitation that plaintiff’s attorney’s fees from any award made from the patient’s compensation fund may not exceed fifteen percent (15%) of any recovery from the fund does not apply to the assessment of damages caused by the tortfeasor or the calculation of excess damages of any type from the fund.