Although a complaint for declaratory judgment could not be decided by an ALJ, upon judicial review, one could be reviewed by the trial court judge without a separate complaint being filed.
Supreme
Abbott v. State, No. 21S-PL-347, __ N.E.3d __ (Ind., March 29, 2022).
David, J. In Indiana, civil forfeiture actions typically proceed under one of two statutes: the general forfeiture statute or the racketeering forfeiture statute. Today, we consider whether the racketeering forfeiture statute permits a court to release, to the defendant, funds seized in a forfeiture action so the defendant can hire counsel in that same action. […]
Conley v. State, No. 21S-PC-256, __ N.E.3d __ (Ind., March 23, 2022).
Seventeen-year-old petitioner did not receive ineffective assistance of counsel because of trial counsel’s failure to present evidence of defendant’s age and juvenile brain development.
Arrendale v. American Imaging & MRI, LLC, No. 21S-CT-370, __ N.E.3d __ (Ind., March 24, 2022).
Non-hospital medical entities that provide patients with health care may be held vicariously liable for the tortious conduct of an independent contractor through apparent or ostensible agency.
Wilson v. Anonymous Defendant 1, No. 21S-CT-371, __ N.E.3d __ (Ind., March 24, 2022).
A medical provider may be held liable for the acts of an apparent agent based on the provider’s manifestations of an agency relationship with the apparent agent, which causes a third party to rely on such a relationship.