Amended smoking ban ordinance violates the equal privileges and immunities clause of the Indiana Constitution, voiding the amendment that exempted the riverboat casino.
Paul Stieler Enterprises, Inc. v. City of Evansville, No. 82S01-1306-CT-436, __ N.E.2d __ (Ind., Feb. 11, 2014)
Trial court improperly found that a child with special needs is a child in need of services.
Restitution sentence for payment to workman’s compensation insurer of amounts it paid for victim’s medical treatment and lost wages was proper, but restitution could not be ordered for the permanent partial impairment settlement paid to the victim.
When defendant was charged with both greater and lesser included offenses, and the jury hung on the greater offenses but convicted on the lessers, because the trial court did not enter judgment on the lesser I.C. 35-41-4-3 did not bar retrial of the greater offenses.
Suggests a modification to Pattern Jury Instruction 9.05 on the definition of “intentionally.”