Trial courts must comply with the requirements of Harrison v. State, in a clear and specific written sentencing statement, when imposing a sentence for the death penalty or LWOP.
Supreme
State v. Reinhart, No. 18S-MI-286, __ N.E.3d __ (Ind., Dec. 5, 2018).
When a person “forfeits” driving privileges for life following a felony conviction for driving while suspended, the proper venue is the trial court in a person’s county of residence.
Town of Ellettsville v. DeSpirito, No. 53S01-1709-PL-612, __ N.E.3d __ (Ind., Nov. 29, 2018).
Relocating a fixed easement requires the consent of all affected estate-holders.
Weisheit v. State, No. 10S00-1507-PD-413, __ N.E.3d __ (Ind., Nov. 7, 2018).
Defendant’s conviction of the murders of two children, arson, death penalty sentence affirmed; finding that although mistakes were made by trial and appellate counsel most of them did not rise to the level of deficient performance under the Strickland decision, and defendant in any case failed to demonstrate that he was prejudiced.
Campbell Hausfeld/Scott Fetzer Co. v. Johnson, No. 18S-CT-548, __ N.E.3d __ (Ind., Nov. 1, 2018).
Misuse serves as a complete bar to recovery in a products liability action because of the inclusion of comparative fault principles in the Indiana Products Liability Act.