Standard for assessing effective performance of Post-Conviction Rule 2 counsel is the Baum “due-course-of-law” standard, not the two-prong Sixth Amendment Strickland standard.
Supreme
Ind. Dept. of Ins. v. Everhart, No. 84S01-1105-CV-28, ___ N.E.2d ___ (Ind., Jan. 20, 2012).
The Indiana Patient’s Compensation Fund was not entitled to a reduction in the award of damages to account for the chance that the plaintiff would have died even in the absence of the physician’s negligence, because of how the trial court’s particular findings of fact interact with the rules for calculating a set-off.
Whitaker v. Becker, No. 02S03-1201-CT-2, ___ N.E.2d ___ (Ind., Jan. 18, 2012).
Dismissal was the appropriate remedy when plaintiff’s lawyer repeatedly ignored requests for discovery, and then when ordered to respond supplied false and misleading information making a full defense impossible.
Dexter v. State, No. 79S05-1106-CR-367, __ N.E.2d __ (Ind., Jan. 12, 2012).
In an habitual offender proceeding, “an unsigned judgment is not sufficient to prove beyond a reasonable doubt the fact of a prior conviction.”
Haag v. Castro, No. 29S04-1102-CT-118, ___ N.E.2d ___ (Ind., Jan. 10, 2012).
A local youth soccer team cannot recover under the state youth soccer governing association’s business auto-insurance policy for injuries sustained when the van in which they were riding was involved in an accident, because the van was not being used in the business of the association, a condition for coverage under the insurance policy at issue.