“We hold today that when a defendant charged with murder or treason seeks bail, the burden is on the State, if it seeks to deny bail, to show—by a preponderance of the evidence—that the proof is evident or the presumption strong.”
R. Rucker
Johnson v. Wysocki, No. 45S04-1211-CT-634, __ N.E.2d __ (Ind., June 25, 2013).
For residential real estate transactions to which the Indiana’s Disclosure Statutes apply, the Indiana’s Disclosure Statutes abrogated the common law principles of caveat emptor.
Crider v. State, No. 91S05-1206-CR-306, __ N.E.2d __ (Ind., Mar. 21, 2013).
Defendant’s waiver of the right to appeal could not prevent his challenging on appeal the trial court’s erroneous imposition of consecutive habitual offender enhancements not agreed to in the bargain.
Dye v. State, No. 20S04-1201-CR-5, __ N.E.2d __ (Ind., Mar. 21, 2013).
“[T]he State is not . . . permitted to support [an] habitual offender finding with a conviction that arose out of the same res gestae that was the source of the conviction used to prove [defendant] was a serious violent felon.”
Plank v. Community Hospitals of Ind., Inc., No. 49S04-1203-CT-135,___ N.E.2d ___ (Ind., Jan. 15, 2013).
Plaintiff forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act when he asked for the hearing 6 years into the case, post-verdict.