On the facts of this case, defendant’s failure to appear at his trial in absentia did not constitute a waiver of his right to counsel. And, “a trial court may conduct a sentencing hearing at which the defendant appears by video, but only after obtaining a written waiver of his right to be present and the consent of the prosecution.”
Supreme
Jennings v. State, No. 53S01-1209-CR-526, __N.E.2d __ (Ind., Feb. 20, 2013).
“[T]he combined term of imprisonment and probation for a misdemeanor may not exceed one year,” so “[w]e therefore remand this case to the trial court for imposition of a probationary period consistent with this opinion, not to exceed 335 days—the difference between one year (365 days) and the 30 days Jennings was ordered to serve in prison.”
Horner v. Carter, No. 34S02-1210-DR-582,___ N.E.2d ___ (Ind., Feb. 12, 2013).
Statements made to the mediator during mediation fall within the express inadmissibility of mediation evidence.
Iltzsch v. State, No. 49S02-49S02-1301-CR-57, __ N.E.2d __ (Ind., Jan. 24, 2013).
Remands for a new restitution hearing to allow presentation of additional evidence on losses compensable through restitution, when evidence presented at initial hearing was held insufficient by the Court of Appeals.
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.