In a crashworthiness case alleging enhanced injuries under the Indiana Products Liability Act, the finder of fact shall apportion fault to the person suffering physical harm when that alleged fault is a responsible cause of the harm for which damages are being sought.
Supreme
Galloway v. State, No. 33S01-1004-CR-163, __ N.E.2d __ (Ind., Dec. 22, 2010)
Reverses bench trial rejection of insanity defense because, despite “nonconflicting expert and lay opinion that defendant . . .was insane, the trial court rejected the insanity defense after concluding that the defendant could continue to be a danger to society because of an inadequate State mental health system.”
Nicoson v. State, No. 32S04–1003–CR–150, __ N.E.2d __ (Ind., Dec. 15, 2010)
Five year enhancement for use of a deadly weapon added to sentence for criminal confinement while armed with a deadly weapon was permitted by statute and by double jeopardy protection.
In re the Adoption of L.D., No. 49S02-1006-CV-330, __ N.E.2d __ (Ind., Dec. 16, 2010)
Adoption notice by publication to mother complied with statute but failed to meet the due process requirement of a “diligent search reasonably calculated to determine the mother’s whereabouts.”
Runyon v. State, No. 57S04-1006-CR-317, __N.E.2d __ (Ind., Dec. 8, 2010)
To revoke probation for failure to comply with a financial condition, the State has the burden to prove by a preponderance that the condition was violated and that the violation was reckless, knowing, or intentional; the probationer has the burden to present “facts related to an inability to pay and indicating sufficient bona fide efforts to pay so as to persuade the trial court that further imprisonment should not be ordered.”