“[T]he ‘actual evidence’ test . . . is applicable to cases in which there has been an acquittal on one charge and retrial on another charge after a hung jury.”
R. Rucker
Oney v. State, No. 49S05-1212-CR-668, __ N.E.2d __ (Ind., Aug. 28, 2013).
“Although a defendant who pleads guilty to driving while suspended as a habitual traffic violator may not later challenge the plea contending that an underlying offense has been set aside on grounds of procedural error, a defendant may be entitled to relief where an underlying offense has been set aside on grounds of material error.”
Santelli v. Rahmatullah, No. 49S04-1212-CT-667, __ N.E.2d __ (Ind., Aug. 28, 2013).
A jury must consider the intentional acts of non-parties in addition to defendant’s alleged negligent acts, but the non-party and defendant are not jointly and severally liable.
Passwater v. State, No. 48S05-1210-PC-583, __ N.E.2d __ (Ind., June 28, 2013).
Approves Indiana Pattern Jury Instruction on penal consequences of verdicts of not responsible by reason of insanity or guilty but mentally ill.
In re Mandate of Funds for Center Township of Marion Co. Small Claims Court, No. 49S00-1207-MF-420, __ N.E.2d __ (Ind., June 28, 2013).
The Supreme Court approved the renovations, additional staff, and the mandate prohibiting the relocation of the court for the Center Township Marion Co. Small Claims Court, and disapproved the mandated salary increases.