Atterholt v. Herbst, No. 49S04-0806-CV-344, __ N.E.2d __ (Ind., Mar. 10, 2009)

“[W]hen a claimant seeks excess damages from the Patient’s Compensation Fund after obtaining a judgment or settlement from a health care provider in a medical malpractice case, the Fund may introduce evidence of the claimant’s preexisting risk of harm if it is relevant to establish the amount of damages, even if it is also relevant to liability issues that are foreclosed by the judgment or settlement.”

Read Case Clip or Read Full Opinion

Becker v. Becker, No. 49S04-0903-CV-113, __ N.E.2d __ (Ind., Mar. 12, 2009)

Clark and Lambert holdings on incarceration’s effect on child support apply only to petitions to modify granted after Lambert was decided, and a modification based on incarceration can relate back no further than the date of the petition to modify.

Read Case Clip or Read Full Opinion

R.J.G. v. State, No. 64S04-0809-JV-483, __ N.E.2d __ (Ind., Mar. 10, 2009)

[A] juvenile court may order a commitment to the Department of Correction and, in the same order, provide for probation following release from the Department of Correction.

Read Case Clip or Read Full Opinion

St. Clair v. State, No. 76S03-0805-CR-215, __ N.E.2d __ (Ind., Feb. 17, 2009)

Plea agreement for state to “recommend” a fixed sentence was not an “open” plea leaving the trial court with discretion on sentence.

Read Case Clip or Read Full Opinion

Pelley v. State, No. 71S05-0808-CR-446, __ N.E.2d __ (Ind., Feb. 19, 2009)

Criminal Rule 4(C)’s one-year limitation does not include the time during which trial proceedings have been stayed pending interlocutory appeal. Appointment of a special prosecutor was not required under an appearance of impropriety standard when circumstances indicated regular prosecutor had no actual conflict.

Read Case Clip or Read Full Opinion