During a criminal trial, the prosecution can request a jury instruction on a lesser-included offense so long as the charging documents provide adequate notice and the record at trial reveals a serious evidentiary dispute.
S. David
Cutchin v. Beard, No. 21S-CQ-48, __ N.E.3d __ (Ind., June 30, 2021).
Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health-care provider treated someone else negligently and that the negligent treatment injured the plaintiff.
Temme v. State, 21S-CR-310, __ N.E.3d __ (Ind., June 21, 2021).
As long as the defendant bears no active responsibility in his early release, he or she is entitled to credit while erroneously at liberty as if still incarcerated. However, the defendant’s projected release date serves as a firm backstop. When it discovers an error, the State must petition a trial court to recommit the defendant to resume his or her sentence if, after calculating credit time, any sentence remains to be served
State v. Diego, 21S-CR-285, __ N.E.3d __ (Ind., June 9, 2021).
Police may not interrogate a person in custody without proper Miranda warnings or else the State risks having those custodial statements suppressed in a criminal trial. However, not every station house interview implicates Miranda. Miranda warnings are only required when a person is in custody; when a person’s’ freedom of movement is curtailed to a level associated with formal arrest and when he or she is under the same inherently coercive pressures in the police station as those at issue in Miranda v. Arizona.
Branscomb v. Wal-mart Stores East, L.P., No. 20S-CQ-515, __ N.E.3d __ (Ind., April 7, 2021).
Store manager cannot be held liable for negligence when he is not directly involved in the accident at issue.