Fact that juror was Facebook “friends” with relatives of the victim did not establish juror misconduct, when juror testified that she did not know them personally or recognize them in court, and trial court found her testimony truthful.
Per Curiam
Gibson v. State, No. 39S05-1509-CR-517, ___ N.E.3d ___ (Ind. Ct. App., Aug. 31, 2015).
Pulling the victim to the ground during the course of a battery was insufficient to establish D-felony criminal confinement by removal under I.C. § 35-42-3-3(a)(2).
YTC Dream Homes, Inc. v DirectBuy, Inc., No. 45S03-1505-PL-264, __N.E.3d __ (Ind., May 12, 2015).
The determination of whether an out-of-state attorney is granted temporary admission should be made without restriction by local rule and within the discretion granted by Indiana Admission and Discipline Rule 3(2) – whether good cause exists for the admission of the attorneys.
Cohen & Malad, LLP v. Daly, No. 29S02-1504-PL-165, __N.E.3d __ (Ind., April 8, 2015).
“Absent agreement otherwise, ‘a lawyer retained under a contingent fee contract but discharged prior to the contingency is entitled to recover the value of services rendered if there is a subsequent settlement or award[,]’ and in that case, ‘the fee is to be measured by the proportion of the total fee equal to the contribution of the discharged lawyer’s efforts to the ultimate result[.]’”
Grady v. North Carolina, No. 14-593, __ U.S. __ (Mar. 30, 2015).
Attachment of a GPS monitor to a recidivist sex offender without his consent is a Fourth Amendment search; as the question of the reasonableness of the GPS monitor “search” in this case was not raised, the Court does not address it.