Defendant’s substantial rights were prejudiced by the trial court’s failure to give the proposed instruction that was a correct statement of law, was based upon the evidence, was not covered by other instructions, and was necessary to enable the jury to fairly consider defendant’s theory or defense.
T. Crone
Riley v. St. Mary’s Medical Center of Evansville, No. 19A-CT-844, __ N.E.3d __ (Ind. Ct. App., Oct. 29, 2019).
Affidavit from a radiologic technologist was sufficient to rebut the medical review panel’s opinion on the element of causation and summary judgment should not have been granted.
Weikart v. Whitko Comm. School Corp., No. 19A-CT-1224, __ N.E.3d __ (Ind. Ct. App., Oct. 17, 2019).
Trial court properly dismissed case for failure to state a claim; police officer did not have a special duty to plaintiff to protect her activities from public disclosure.
Gulzar v. State, No. 19A-XP-637, __ N.E.3d __ (Ind. Ct. App., Sept. 6, 2019).
The five-year waiting period required to file an expungement petition begins on the date a class D felony was converted to a class A misdemeanor, and does not revert back to the date of the initial felony conviction.
Whitfield v. State, No. 18A-CR-2428, __ N.E.3d __ (Ind. Ct. App., June 26, 2019).
When the State seeks to peremptorily strike a potential juror based partially on the juror’s demeanor and the defense raises a Batson challenge of racial discrimination, the trial court should make factual findings regarding its observations of the juror’s demeanor.