The criminal code demonstrates our legislature’s intent that a habitual offender amendment be filed no less than 30 days before the beginning of trial as opposed to a particular trial setting.
Criminal
Leshore v. State, No. 23S-CR-51, __ N.E.3d __ (Ind., Feb. 28, 2023).
When confronted with a petition under Post-Conviction Rule 2, seeking dispensation from otherwise firm deadlines and their decisive consequences, judges must ask, “was it [Petitioner’s] fault?” And if not, “did [Petitioner] act quickly enough thereafter?” Trial courts should take these questions up in sequence, though a negative answer to either one can be enough to bar relief.
Knowles v. State, No. 22A-CR-2133, __ N.E.3d __ (Ind. Ct. App., Feb. 7, 2023).
Failure to participate in the completion of a presentence investigation report may be punishable by indirect, rather than direct contempt.
Eminger v. State, No. 22A-CR-1077, __ N.E.3d __ (Ind. Ct. App., Feb. 10, 2023).
Any issue which was raised by, or could have been raised by, a timely motion to correct error and timely direct appeal may not be subject of motion for relief from judgment.
Means v. State, No. 23S-CR-26, __ N.E.3d __ (Ind., Feb. 1, 2023).
After the Court of Appeals accepts a discretionary interlocutory appeal, it may later dismiss the appeal on non-jurisdictional grounds, although its general reluctance to do so is appropriate. In addition, orders in limine are eligible for discretionary interlocutory review.