While Criminal Rule 4(C) does not apply to habitual-offender retrials, the constitutional right to a speedy trial does.
Supreme
Brown v. Ind. Dept. of Environmental Management, No. 20S-MI-609, __ N.E.3d __ (Ind., Oct. 21, 2020).
Vacates the portion of the Court of Appeals decision that makes the broad statement that law-of-the-case doctrine “is applicable only when an appellate court determines a legal issue, not a trial court.”
In re Termination of the Parent-Child Relationship of K.R., No. 20S-JT-63, __ N.E.3d __ (Ind., Oct. 15, 2020).
Drug test records are exceptions to the hearsay rule under the records of a regularly conducted business activity (Ind. Rule Evid. 803(6)).
Glover v. Allstate Property & Casualty Ins. Co., No. 20S-CT-23, __ N.E.3d __ (Ind., Oct. 8, 2020).
Decedent was covered by insurance policy as a “resident relative” because she lived with her parents, and her parents did not need to notify insurance company of her status because she was not an “operator” living within their household. Additionally, the insurance policy’s anti-stacking provision did not limit an insured’s ability to recover under multiple UIM policies and that the policy’s offset provision reduces only the payments made on behalf of those persons directly liable for the injury.
Kinman v. State, 20S-CR-569, __ N.E.3d __ (Ind., Sep. 28, 2020).
Trial court failed to adhere to Indiana Post-Conviction Rule 1(6) which provides that the trial court “shall make specific findings of fact, and conclusions of law on all issues presented, whether or not a hearing is held.”