Clarifies that, in an eminent domain case, if statutory procedures are not followed, the trial court is not permitted to hear the issue of damages because legal error was committed.
Clark Cnty. Bd. Of Aviation Comm’rs. v. Dreyer, No. 10S01-1308-PL-529, __ N.E.2d __ (Ind., Sept. 12, 2013).
Discusses argument that statements of State’s confidential informant were not hearsay under the party-opponent hearsay exception.
TP Orthodontics, Inc. v. Kesling, No. 46A03-1207-MI-324, __ N.E.2d __ (Ind. Ct. App., Sept. 3, 2013).
When a corporation forms a special litigation committee, and the corporation later requests dismissal of derivative claims based on the findings of that committee, attorney-client privilege in the special litigation committee’s report is waived.
Under a supreme court 2011 decision, Indiana ex post facto law would have allowed lifetime sex offender registration to apply to Becker, but a 2008 trial court ruling to the contrary was res judicata against the State on the issue, as the local prosecutor’s representation in the 2008 litigation was in privity with the DOC’s intervention in 2011 seeking to impose lifetime registration status based on the 2011 opinion.
A trial court may order restitution in a case in which there is a plea bargain silent on the restitution issue as long as the bargain is “open” and leaves sentencing entirely to the court’s discretion.