Criminal: “Recommend,” Without More, Does Not Open A Fixed Plea

Today, the Indiana Supreme Court affirmed a three-year sentence entered pursuant to a plea agreement that the State would “recommend” that term of imprisonment to the trial court.  In St. Clair v. State, the defendant argued that because the plea agreement “recommended” the three-year term, the trial court “was authorized to impose any lawful sentence, a sentence subject to further consideration on direct appeal.”  In its opinion a year ago, a divided Indiana Court of Appeals agreed with…

Oral Argument Preview: Week of February 23, 2009

On Tuesday, Feb. 24, the Indiana Court of Appeals hears oral argument in Board of Commissioners of Hendricks County v. Town of Plainfield, concerning county and town ordinances that both purport to exercise jurisdiction over the same piece of property in Hendricks County.  See the court’s summary of the case here. On Thursday, Feb. 26, beginning at 9 a.m., the Indiana Supreme Court hears three arguments. In Kohlmeyer v. Secondary Injury Fund, the Court will hear arguments concerning…

Civil: Indiana Court of Appeals Traces History Of, And Applies, Indiana’s Fireman’s Rule

Remember the Fireman’s Rule from the Bar Exam?  If not, the Indiana Court of Appeals today provided an in-depth recap of the subject in Babes Showclub, Jaba, Inc. v. Lair. In Babes Showclub, the plaintiff – and Indianapolis police officer – responded to a complaint at the defendant club’s premises.  While responding, he was allegedly assaulted by an underage male who had been drinking at the club.  The officer and his wife sued, claiming nuisance, negligence in providing…