A trial court has no discretion “to refuse to order commitment to the DMHA where it concludes that a defendant found not competent to stand trial can never be returned to competency.”
Supreme
Mitchell v. 10th & The Bypass, LLC, No. 53S01-1303-PL-222, __ N.E.2d __ (Ind., Feb. 20, 2014).
Evidence obtained after entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order. Relief from judgment under Indiana Trial Rules is not limited to final judgments.
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”
Veolia Water Indianapolis, LLC v. Nat’l Trust Ins. Co., No. 49S04-1301-PL-00008, __ N.E.2d __ (Ind., Feb. 6, 2014)
A for-profit, private company operating a public water utility under a contract with a governmental unit does not have common law sovereign immunity.
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.