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.
Supreme
McKeen v. Turner, No. 53S05-1704-CT-202, __ N.E.3d __ (Ind., April 7, 2017).
Plaintiff may raise any theories of alleged malpractice during litigation following the Medical Review Panel process if (1) the proposed complaint encompasses the theories, and (2) the evidence relating to those theories was before the Medical Review Panel.
State v. Smith, No. 45S05-1611-CR-572, __ N.E.3d __ (Ind., March 28, 2017).
Defendant’s plea agreement foreclosing the possibility of sentence conversion was not altered by a subsequent statute allowing courts to modify a post-sentence conviction.
Consumer Attorney Services, P.A. v. State, No. 49S05-1703-PL-161, __ N.E.3d __ (Ind,, March 21, 2017).
Neither the Credit Services Organizations Act, Mortgage Rescue Protection Fraud Act, Home Loan Practices Act, nor Deceptive Consumer Sales Act provides an exemption for law firms.
Beville v. State, No. 84S01-1606-CR-347, __ N.E.3d __ (Ind., March 17, 2017).
The State has the burden of proving the essential elements of an informer’s privilege before the burden shifts to the defendant to prove an exception to that privilege.