Indiana Case Commentaries

TIMBERLAKE v. STATE: Clarifying Postconviction Relief and Competency Standards in Indiana Jurisprudence

Date: Aug 21, 2001

TIMBERLAKE v. STATE: Clarifying Postconviction Relief and Competency Standards in Indiana Jurisprudence Introduction TIMBERLAKE v. STATE, 753 N.E.2d 591 (Ind. 2001), is a significant case adjudicated...

Use of Stun Belts in Indiana Courtrooms: A New Judicial Precedent

Date: Jun 30, 2001

Use of Stun Belts in Indiana Courtrooms: A New Judicial Precedent Introduction Case: Matthew Eric WRINKLES v. STATE of Indiana, 749 N.E.2d 1179 (Supreme Court of Indiana, 2001) Date: June 29, 2001...

Strict Standards for Post-Conviction Relief: Insights from Howard ALLEN v. STATE of Indiana

Date: Jun 30, 2001

Strict Standards for Post-Conviction Relief: Insights from Howard ALLEN v. STATE of Indiana Introduction In the landmark case of Howard ALLEN v. STATE of Indiana, decided by the Supreme Court of...

Reaffirming the Van Cleave Standard: Prejudice Requirement in Ineffective Assistance of Counsel Claims for Guilty Pleas in Indiana

Date: Jun 27, 2001

Reaffirming the Van Cleave Standard: Prejudice Requirement in Ineffective Assistance of Counsel Claims for Guilty Pleas in Indiana Introduction Jose Daniel Segura v. State of Indiana, 749 N.E.2d 496,...

Reaffirming the Standards for Waiver of Right to Counsel: POYNTER v. STATE of Indiana

Date: Jun 22, 2001

Reaffirming the Standards for Waiver of Right to Counsel: POYNTER v. STATE of Indiana Introduction Barry S. Poynter, Jr. v. State of Indiana, 749 N.E.2d 1122 (Ind. 2001), is a landmark decision by...

Termination of Parental Rights in IN THE MATTER OF THE TERMINATION OF THE PARENT-CHILD RELATIONSHIP OF K.S, D.S., B.G., J.K, Minor Children

Date: Jun 21, 2001

Termination of Parental Rights in Porter County: The Case of Connie Schultz v. The Porter County Office of Family and Children Introduction The case of Connie Schultz (Appellant) versus The Porter...

Recognizing Victim’s Pregnancy as an Aggravating Circumstance in Sentencing

Date: Jun 21, 2001

Recognizing Victim’s Pregnancy as an Aggravating Circumstance in Sentencing Introduction The case of Mario MCCANN v. STATE of Indiana (749 N.E.2d 1116, Supreme Court of Indiana, 2001) addresses...

Immunity of Legitimate Taxpayer Challenges from Malicious Prosecution Claims: Insights from CITY OF NEW HAVEN v. REICHHART

Date: Jun 8, 2001

Immunity of Legitimate Taxpayer Challenges from Malicious Prosecution Claims: Insights from CITY OF NEW HAVEN v. REICHHART Introduction The case of City of New Haven v. Penny Reichhart (748 N.E.2d...

Limits of Third-Party Consent in Warrantless Searches: KRISE v. STATE of Indiana

Date: May 10, 2001

Limits of Third-Party Consent in Warrantless Searches: KRISE v. STATE of Indiana Introduction KRISE v. STATE of Indiana, 746 N.E.2d 957 (Ind. 2001), is a landmark decision by the Supreme Court of...

Indiana Supreme Court Reinforces Exclusion of Punitive Damages in Wrongful Death Actions

Date: Apr 11, 2001

Indiana Supreme Court Reinforces Exclusion of Punitive Damages in Wrongful Death Actions Introduction In the landmark case DURHAM v. U-HAUL INTERNATIONAL et al. (745 N.E.2d 755, Supreme Court of...

Deducting Personal Consumption from Lost Earnings in Indiana Wrongful Death Claims

Date: Mar 27, 2001

Deducting Personal Consumption from Lost Earnings in Indiana Wrongful Death Claims Introduction The case of ELMER BUCHTA TRUCKING, INC. v. STANLEY (744 N.E.2d 939) adjudicated by the Supreme Court of...

Control as the Predominant Factor in Employer-Employee Determinations under Indiana Worker's Compensation Act

Date: Mar 14, 2001

Control as the Predominant Factor in Employer-Employee Determinations under Indiana Worker's Compensation Act Introduction The case of GKN Co., formerly known as Gust K. Newberg Construction Company,...

LAMBERT v. STATE: Upholding Appellate Sentencing Authority and Standards for Effective Counsel

Date: Mar 6, 2001

LAMBERT v. STATE: Upholding Appellate Sentencing Authority and Standards for Effective Counsel Introduction LAMBERT v. STATE is a pivotal case adjudicated by the Supreme Court of Indiana on March 5,...

Strengthening Minority Protections in Close Corporations: Insights from G N Aircraft v. Boehm

Date: Mar 3, 2001

Strengthening Minority Protections in Close Corporations: Insights from G N Aircraft v. Boehm Introduction The landmark case of G N Aircraft, NC. and Paul Goldsmith v. Erich Boehm (743 N.E.2d 227)...

Consecutive Sentencing and Procedural Safeguards: Analysis of LEIF O'CONNELL v. STATE OF INDIANA (742 N.E.2d 943)

Date: Mar 3, 2001

Consecutive Sentencing and Procedural Safeguards: Analysis of LEIF O'CONNELL v. STATE OF INDIANA (742 N.E.2d 943) Introduction In the landmark case of LEIF O'CONNELL, Appellant v. STATE OF INDIANA,...

Upholding Jury Verdict Despite Juror Intimidation: Insights from Mickens v. State of Indiana

Date: Feb 28, 2001

Upholding Jury Verdict Despite Juror Intimidation: Insights from Mickens v. State of Indiana Introduction Gerald Mickens, the appellant and defendant in this case, was convicted by a jury in the...

Indiana Supreme Court Sets Precedent Against Misleading Flight Instructions in Criminal Trials

Date: Feb 8, 2001

Indiana Supreme Court Sets Precedent Against Misleading Flight Instructions in Criminal Trials Introduction The case of Michael S. DILL v. STATE of Indiana (741 N.E.2d 1230, 2001) marks a significant...

Procedural Due Process in Involuntary Termination of Parental Rights: The Ferbert Case

Date: Feb 6, 2001

Procedural Due Process in Involuntary Termination of Parental Rights: The Ferbert Case Introduction The case of Ferbert v. Marion County Office of Family and Children (743 N.E.2d 766) adjudicated by...

State v. John M. Stephenson: Upholding Evidentiary Standards and Death Sentencing in Capital Murder Case

Date: Jan 26, 2001

State v. John M. Stephenson: Upholding Evidentiary Standards and Death Sentencing in Capital Murder Case Introduction The case of John M. Stephenson v. State of Indiana, adjudicated by the Supreme...

Reinforcing Evidentiary Discretion: Upholding Rule 403 and Rule 702 in SEARS ROEBUCK AND CO. v. MANUILOV

Date: Jan 24, 2001

Reinforcing Evidentiary Discretion: Upholding Rule 403 and Rule 702 in SEARS ROEBUCK AND CO. v. MANUILOV Introduction The case of Sears Roebuck and Co. v. Milan Manuilov, adjudicated by the Supreme...