In the Richmond Hill explosion murder case, resulting in trial court imposition of two consecutive life without parole sentences, the evidence was sufficient; the State proved the intentional burning aggravator beyond a reasonable doubt; recorded phone calls from prison between defendant and special agent were properly admitted; and, Indiana’s life without parole statute is constitutional.
Supreme
Zanders v. State, No. 15S01-1611-CR-571, __ N.E.3d __ (Ind., May 4, 2017).
Under the third-party doctrine, police are not required to obtain a search warrant to get historical cell-site location information from a cell phone provider.
Humphrey v. State, No. 48S02-1609-PC-480, __ N.E.3d __ (Ind. Ct. App., May 5, 2017).
Post-conviction relief due to ineffective assistance of counsel was granted fifteen years after murder conviction affirmed on appeal and not barred by the doctrine of laches.
Escamilla v. Shiel Sexton Co., Inc., No. 54S01-1610-CT-546, __ N.E.3d __ (Ind., May 4, 2017).
Unauthorized immigrants can pursue claims for decreased earning capacity damages. Unauthorized immigration status is admissible only if the evidence’s proponent shows by a preponderance of evidence that the plaintiff will be deported.
KS & E Sports v. Runnels, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 24, 2017).
A firearms seller is immune from a damages suit for injuries caused by another person’s misuse of a firearm, but the seller is not immune from a public nuisance claim seeking equitable relief.