Indiana Medical Malpractice Act applies when a plaintiff alleges that a qualified health-care provider treated someone else negligently and that the negligent treatment injured the plaintiff.
Supreme
Temme v. State, 21S-CR-310, __ N.E.3d __ (Ind., June 21, 2021).
As long as the defendant bears no active responsibility in his early release, he or she is entitled to credit while erroneously at liberty as if still incarcerated. However, the defendant’s projected release date serves as a firm backstop. When it discovers an error, the State must petition a trial court to recommit the defendant to resume his or her sentence if, after calculating credit time, any sentence remains to be served
State v. Jones, 21S-CR-50, __ N.E.3d __ (Ind., June 22, 2021).
An informant’s identity is inherently revealed through their physical appearance at a face-to-face interview. Thus, when a defendant requests such an interview, the State has met its threshold burden to show the informer’s privilege applies.
City of Marion v. London Witte Group, No. 20S-MI-00567, __ N.E.3d __ (Ind., June 17, 2021).
The Indiana Supreme Court adopts the equitable tolling doctrine of adverse domination when intentional wrongdoing is alleged.
State v. Diego, 21S-CR-285, __ N.E.3d __ (Ind., June 9, 2021).
Police may not interrogate a person in custody without proper Miranda warnings or else the State risks having those custodial statements suppressed in a criminal trial. However, not every station house interview implicates Miranda. Miranda warnings are only required when a person is in custody; when a person’s’ freedom of movement is curtailed to a level associated with formal arrest and when he or she is under the same inherently coercive pressures in the police station as those at issue in Miranda v. Arizona.