Sowers v. State, No. 08A02-1208-CR-640, __ N.E.2d __ (Ind. Ct. App., May 16, 2013)
In this case, improper communication between bailiff and foreperson was fundamental error.
Published by the Indiana Judicial Center
In this case, improper communication between bailiff and foreperson was fundamental error.
When defendant pled guilty to reckless homicide based on death of the driver of the vehicle defendant crashed into, the deceased driver’s passenger was a “victim” for whom trial court properly ordered restitution payment of medical expenses.
There is no Due Process right to access lost or destroyed evidence, here DNA evidence, during post-conviction proceedings.
After being hit by a foul ball at a professional baseball game, plaintiff could not prevail under premises liability or negligence.
When a trial court resentences multiple counts on remand, no presumption of vindictive sentencing arises if the aggregate resentence is not greater than the original aggregate sentence.
Jane Seigel, Executive Director
Michael J. McMahon, Director of Research
Amanda Wishin, Staff Attorney
30 South Meridian Street, Suite 900
Indianapolis, Indiana 46204
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