Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.
N. Vaidik
TP Orthodontics, Inc. v. Kesling, No. 46A03-1207-MI-324, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).
When a corporation forms a special litigation committee, and the corporation later requests dismissal of derivative claims based on the findings of that committee, attorney-client privilege in the special litigation committee’s report is waived.
Dillon v. State, No. 27A05-1210-CR-542, __ N.E.2d __ (Ind. Ct. App., Aug. 14, 2013).
When nunc pro tunc order reinstating OWI conviction after its “inadvertent[] dismissal” by State was entered after defendant had committed his second OWI offense, the reinstated conviction could not serve as a basis for enhancing the second to a D felony.
Dexter v. State, No. 79A04-1212-CR-611, __ N.E.2d __ (Ind. Ct. App., July 22, 2013).
Certified transcript of guilty plea and sentencing hearing sufficed as proof of a prior unrelated conviction for habitual offender status.
Hickory Creek at Connersville v. Est. of Combs, No. 21A04-1211-ES-600, __ N.E.2d __ (Ind. Ct. App., June 27, 2013).
“[A]ccording to the doctrine of necessaries, a creditor must first seek satisfaction from the income and property of the spouse who incurred the debt and only if those resources are insufficient may a creditor seek satisfaction from the non-contracting spouse.”