Misdemeanor battery is not an “infamous crime” for the purpose of Article II, § 8, of the Indiana Constitution, which authorizes the General Assembly to disenfranchise “any person convicted of an infamous crime”; additionally, the General Assembly has separate constitutional authority to cancel the registration of any person incarcerated following conviction, for the duration of incarceration.
Supreme
Spangler v. Bechtel, No. 49S05-1012-CV-70, ___ N.E.2d ___ (Ind., Dec. 13, 2011).
“[P]arents’ separate actions seeking damages for emotional distress from experiencing the
stillbirth of their child are not barred by the Indiana Child Wrongful Death Act or the Indiana
Medical Malpractice Act.”
Hopper v. State, No. 13S01-1007-PC-399, __ N.E.2d __ (Ind., Nov. 29, 2011).
On rehearing, decides not to adopt original opinion’s supervisory waiver-of-counsel rule requiring advice of an attorney’s ability to negotiate with the State.
Jewell v. State, No. 32S04-1104-CR-200, __ N.E.2d __ (Ind. Ct. App., Nov. 30, 2011).
When a defendant is represented by counsel for one offense, the Indiana Constitution permits police to question the defendant about other offenses without counsel present if the other offenses are not “inextricably intertwined” with the charged offense.
Gray v. State, No. 82S01-1106-CR-328, __ N.E.2d __ (Ind., Nov. 22, 2011).
Affirms bench trial conviction of apartment owner for possessing marijuana found under coffee table by which two teenagers were sitting.