The twenty-seven-year sentence the prosecutor recommended, and thirty-six-year enhanced sentence imposed by the trial court, absent more significant aggravating factors, was inappropriate.
Supreme
Johnson v. State, No. 20S-CR-61, __ N.E.3d __ (Ind., May 22, 2020).
A general waiver of a right to appeal a sentence in plea agreement, when contained in the same sentence as an unenforceable waiver of post-conviction relief, is insufficiently explicit to establish a knowing and voluntary waiver of the right to appeal a sentence.
FM Nephrology Partners N. Central Ind. Dialysis Centers, LLC v. Meritain Health, Inc., No. 20S-PL-302, __ N.E.3d __ (Ind., May 11, 2020).
Case was not preempted by ERISA when a health-care provider sued defendant health-insurance plans, which are governed by ERISA, allege they failed to pay agreed reimbursement rates for covered services under their plans.
In re R.L.., No. 20S-JC-296, __ N.E.3d __ (Ind., May 5, 2020).
DCS was barred from filing a successive CHINS action after the first petition was dismissed with prejudice. DCS “cannot engage in piecemeal litigation to get subsequent bites at the same apple.”
Robertson v. State, No. 19S-PL-432, __ N.E.3d __ (Ind., March 30, 2020).
For the claims to recover public funds pursuant to Ind. Code § 5-11-5-1(a), the limitations period begins to run only after the Office of the Indiana Attorney General receives a final, verified report from the State Board of Accounts. Claims pursuant to the Crime Victims Relief Act are governed by the discovery rule.