The sister of a brother who was once married to the defendant’s aunt is not a “family or household member” within the meaning of the statute elevating misdemeanor battery to a level 6 felony.
Supreme
Allen v. State, No. 49S05-1601-CR-46, __ N.E.3d __ (Ind., April 28, 2016).
“[W]hether declining to attribute delay to the defendant for failing to arrange for his transportation from Department of Correction custody and to appear for his trial scheduled for January 23, 2013, or whether attributing such failures to the defendant under Rule (C) and permitting the trial court and the State a reasonable time thereafter to bring the defendant to trial, the defendant was entitled to discharge pursuant to Indiana Criminal Rule 4(C), and his motion should have been granted.”
Town of Fortville v. Certain Fortville Annexation Territory Landowners, No. 30S01-1510-MI-626, __ N.E.3d __ (Ind., April 28, 2016).
Fortville cannot annex land because the town did not need the territory for its development in the reasonably near future.
Siner v. Kindred Hospital LP, No. 49S05-1604-CT-219, __ N.E.3d __ (Ind., April 28, 2016).
In this medical malpractice case, the defendants’ own designated evidence revealed conflicting medical opinions on the element of causation creating a genuine issue of material fact.
Horton v. State, No. 79S02-1510-CR-628, ___ N.E.3d ___ (Ind., April 21, 2016).
Defendant’s personal waiver of second-phase jury trial was required; counsel could not waive it on defendant’s behalf, even though defendant had just been through first phase of bifurcated trial.
Trial court did not abuse its discretion in taking judicial notice of prior case file as evidence of defendant’s prior conviction, because file was readily and publicly available and cause number was repeatedly an unambiguously identified on the record; however, better practice would have been to formally enter the relevant documents into the record.