In an action to contest DOC denial of educational credit time, the Attorney General, not the prosecutor, must represent the Department.
T. Crone
Baugh v. State, No. 18A04-0911-CR-621 , __ N.E.2d __ (Ind. Ct. App., May 5, 2010)
Defendant’s argument that live testimony on sexually violent predator status was required by the SVP statute was waived by defendant’s failure at sentencing to object to its absence.
Cutter v. Classic Fire & Marine Ins. Co., No. 49A05-0906-CV-315, ___ N.E.2d ___ (Ind. Ct. App., May 5, 2010)
Cutter v. Classic Fire & Marine Ins. Co. (Ind. Ct. App., Crone, J.) – (1) Because employees’ claim against employer was completely distinct from employer’s claim against his insurance company, a distribution from the insurance company’s liquidation estate to the employer’s assignee did not implicate the prohibition against double recovery; (2) because a suit for the dissolution of an insurance company has been regarded as an equitable action, the suit was not triable to a jury.
Shepherd v. State, No. 70A01-0908-PC-388, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Defense counsel’s representation of key prosecution witness on unrelated pending charges created a prima facie case of actual conflict and resulted in counsel’s failure to cross-examine the witness on the charges, resulting in ineffective assistance.
Smith v. Wrigley, No. 33A04-0912-CV-727, __ N.E.2d __ (Ind. Ct. App., Apr. 14, 2010)
Statutory requirement that inmate pay civil filing fees due to prior frivolous civil case dismissals does not violate Indiana Constitution Open Courts Clause.