Trial courts must comply with the requirements of Harrison v. State, in a clear and specific written sentencing statement, when imposing a sentence for the death penalty or LWOP.
S. David
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
Campbell Hausfeld/Scott Fetzer Co. v. Johnson, No. 18S-CT-548, __ N.E.3d __ (Ind., Nov. 1, 2018).
Misuse serves as a complete bar to recovery in a products liability action because of the inclusion of comparative fault principles in the Indiana Products Liability Act.
Daniels v. FanDuel, Inc., No. 18S-CQ-00134, __ N.E.3d __ (Ind., Oct. 24, 2018).
“Indiana’s right of publicity statute contains an exception for material with newsworthy value that includes online fantasy sports operators’ use of college players’ names, pictures, and statistics for online fantasy contests.”
M.D. v. State, No. 18S-CR-488, __ N.E.3d __ (Ind., Oct. 3, 2018).
A person in police custody is not entitled to advisement of rights under Pirtle prior to police obtaining consent to conduct a Drug Recognition Exam (“DRE”).