Special prosecutor was not required when defense counsel joined the prosecutor’s office as a deputy, since adequate steps were taken to insure that the former defense counsel had no communications of any sort with other members of the prosecutor’s office about defendant’s case.
Indiana Pattern Jury Instructions – Criminal No. 9.05’s second sentence in its “intentionally” definition (“[i]f a person is charged with intentionally causing a result by his conduct, it must have been his conscious objective not only to engage in the conduct but also to cause the result”) “represents a correct statement of the law.”
“Indiana should hereby adopt the largely case-by-case approach, finding that a tenant’s liability to the landlord’s insurer for damage-causing negligence depends on the reasonable expectations of the parties to the lease as ascertained from the lease as a whole and any other admissible evidence.”
A prospective adoptive parent’s prior conviction was not dispositive (Ind. Code § 31-19-11-1) and the children were entitled to an individualized determination of their best interests.
Because whether a plaintiff has complied with the requirements of the ITCA is one of law, but the answer may depend upon the resolution of disputed facts, the issue should be handled by a carefully drafted jury instruction.