“[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.”
Supreme
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.”
Schoettmer v. Wright, No. 49S04-1210-CT-607, __ N.E.2d __ (Ind., Aug. 27, 2013).
Equitable estoppel can prevent defendant from using the Indiana Tort Claims Act time limit as a defense.
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.
In Re Adoption of C.B.M. & C.R.M, No. 37S03-1303-AD-159, __ N.E.2d __ (Ind., Aug. 16, 2013).
The adoption of two children was voidable under T.R. 60(B)(7) when the natural mother’s termination of parental rights was reversed on appeal.