Judicial admissions are conclusive and binding on the trier of fact.
N. Vaidik
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.
Lowden v. State, No. 49A02-1503-CR-170, ___ N.E.3d ___ (Ind. Ct. App., March 10, 2016).
For purposes of aggravated battery, “substantial risk of death or … protracted loss or impairment of the function of a bodily member or organ” is not a material element of the offense, but rather a result to which mens rea is inapplicable.
State v. Hargrave, No. 82A01-1504-CR-137, __ N.E.3d __ (Ind. Ct. App., Feb. 2, 2016).
A person who holds a CDL license at the time of committing a traffic violation may not participate in a diversion program or have judgment deferred on that conviction.
Kevin T. Scripture, M.D. et al. v. Julia and Steven Roberts, No. 49A02-1504-CT-211, ___ N.E.3d ___, (Ind. Ct. App. Feb. 1, 2016).
Doctors’ conclusory affidavits failed to raise genuine issue of fact; affidavits merely restated the denials in their pleadings and did not cite facts to support that they met the standard of care or did not cause plaintiffs’ damages.