Trial court did not abuse its discretion by admitting expert testimony offered by a personal injury defendant in a rear-end collision case.
Supreme
Hill v. State, No. 45S03-1105-PC-283, __ N.E.2d __ (Ind., Jan. 24, 2012).
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.
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.”