Statements made to the mediator during mediation fall within the express inadmissibility of mediation evidence.
Supreme
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.
Gonzalez v. State, No. 45S03-1206-CR-307, __ N.E.2d __ (Ind., Jan. 10, 2013).
Retroactive imposition of a lifetime sex offender registration requirement, when the offender has no remedy for relief from registration on the bases of rehabilitation and no risk to the public, violates the Indiana Constitution Ex Post Facto Clause.
Kimbrough v. State, No. 45S04-1212-CR-687, __N.E.2d __ (Ind., Dec. 19, 2012).
Appellate court may not find trial court abused its sentencing discretion based on weight trial court afforded aggravators and mitigators.