Articles

Court sua sponte reverses 5 convictions

Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.

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Opinions Dec. 29, 2015

Indiana Court of Appeals
John Barker and Specialty Limos, LLC v. Jason Price
24A02-1506-PL-626
Civil plenary. Reverses in part and affirms in part summary judgment in favor of Price in a contract dispute concerning the sale of a van. The trial court did not err when it concluded Price delivered a valid certificate of title even though the title was not in his name. Reverses summary judgment on the issue of whether a discrepancy in the model year of the van created a material issue. On remand, the court will consider not only the $2,000 deposit agreement but also extrinsic evidence to determine whether the model year of the van was material to their agreement.     

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Indiana law drives down moped thefts, sales

Evansville Police Department spokesman Sgt. Jason Cullum said scooter theft reports fell from 269 in 2014 to just 79 as of Dec. 17. He said that’s because scooters are now easier to track if stolen because they now must be registered and licensed.

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Column: Does Patchett v. Lee make patchwork of medical specials?

The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.

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DTCI: Where have all the jury trials gone?

Conceptually, attorneys (and especially perhaps members of organizations like DTCI and ITLA) embrace as inviolate the right to trial by jury. We cite the concept both as a goal and as the bedrock of our existence – and sometimes in responses opposing summary judgment motions. But the Indiana Supreme Court “2014 Indiana Judicial Service Report, Vol I: Judicial Year in Review” caused me to look more closely at how that right is being exercised as a practical matter.

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