Defendant’s criminal recklessness conviction vacated as violating double jeopardy prohibition because factfinder used the essential elements of armed robbery to establish the essential elements of criminal recklessness.
T. Crone
R.R. v. State, No. 47A04-1705-JV-944, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
A juvenile may waive constitutional right to be present at factfinding hearings by knowingly and intentionally refusing to appear.
Rodriguez v. State, No. 20A03-1704-CR-724, __ N.E.3d __ (Ind. Ct. App., Jan. 11, 2018).
Trial court may modify defendant’s sentence under Ind. Code § 35-38-1-17(l), as a person may not waive the right to sentence modification as part of a plea agreement.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.
In re Adoption of J.R.O., No. 82A05-1706-AD-1331, __ N.E.3d __ (Ind. Ct. App., Nov. 16, 2017).
Ind. Code 31-19-9-18 does not require the filing of a written motion to contest an adoption; counsel’s oral objection was sufficient.