Guilty plea judge’s failure to advise defendant of right to appeal sentence did not make agreed waiver of the right to appeal open plea sentence unenforceable, when record showed defendant had read the waiver agreement, gone over it with defense counsel, and agreed to it.
T. Crone
Williams v. State, No. 49A02-1103-CR-266, __ N.E.2d __ (Ind. Ct. App., Jan. 11, 2012).
Statutory confidentiality for Board of Pharmacy prescription database protects prescription subject’s physician-patient and pharmacist-patient privileges, and subject’s criminal defense discovery request for prescription records waived these privileges’ protection, so that Board’s objections to disclosure based on confidentiality were without merit.
Norris v. Personal Finance, No. 27A04-1104-SC-183, ___ N.E.2d ___ (Ind. Ct. App., Nov. 21, 2011).
Parents of competent adults are not included in the list of persons having authority to accept service under T.R. 4.16; service is not adequate on the home of a competent adult’s parents if that adult does not live at that address.
Tongate v. State, No. 29A02-1102-CR-223, __ N.E.2d __ (Ind. Ct. App., Sept. 16, 2011).
After magistrate had presided at trial, judge properly ruled on motion to correct error after reviewing tape recording of trial.
Goldberg v. Farno, No. 41A01-1007-MF-348, ___ N.E.2d ___ (Ind. Ct. App., Sept. 26, 2011).
“Plain legal prejudice” is adopted as the standard for determining whether a non-settling defendant has standing to challenge a partial settlement to which it is not a party.