Harris v. State, No. 34S02-1203-CR-169, __ N.E.2d __ (Ind., Mar. 16, 2012).
A defendant need not show prejudice to obtain reversal relief from a violation of a local anti-forum shopping rule filed pursuant to Criminal Rule 2.2.
Published by the Indiana Judicial Center
A defendant need not show prejudice to obtain reversal relief from a violation of a local anti-forum shopping rule filed pursuant to Criminal Rule 2.2.
The trial court had jurisdiction to grant a petition for attorneys’ fees after dismissal of the case.
To impose the IC 35-48-4-15(a) mandatory license suspension for using a vehicle in the commission of a drug offense, the “State must demonstrate that a defendant made more than an incidental use of a motor vehicle in committing his offense”; evidence defendant “possessed a jar of marijuana by keeping the jar on the floorboard in front of him while he sat in the passenger seat” supported suspension; it was “not a situation in which a defendant merely happened to possess a small bag of marijuana in his pocket without making any direct use of the vehicle to do so.”
The Indiana Patient’s Compensation Fund was not entitled to a reduction in the award of damages to account for the chance that the plaintiff would have died even in the absence of the physician’s negligence, because of how the trial court’s particular findings of fact interact with the rules for calculating a set-off.
Dismissal was the appropriate remedy when plaintiff’s lawyer repeatedly ignored requests for discovery, and then when ordered to respond supplied false and misleading information making a full defense impossible.
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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