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.
Supreme
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.
Ryan v. TCI Architects/Engineers/Contractors, Inc., No. 49S02-1704-CT-253, __ N.E.3d __ (Ind., April 26, 2017).
By entering into a contract containing language that required general contractor to assume responsibility for implementing and monitoring safety precautions and programs for all individuals working on the site, and by agreeing to designate a safety representative to supervise such implementation and monitoring, the general contractor affirmatively demonstrated an intent to assume a nondelegable duty of care toward the subcontractor.
Middleton v. State, No. 32S01-1704-PC-226, __ N.E.3d __ (Ind., April 21, 2017).
In an ineffective assistance of counsel claim, a petitioner need only show a reasonable probability that, but for counsel’s unprofessional errors, the result of the proceeding would have been different.