It is well-settled that the State’s civil forfeiture complaints are outside of Article 1, Section 20, and are equitable claims to be tried by the court.
Criminal
Haslam v. State, No. 22A-CR-00911, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2022).
Credit time earned while confined on home detention as a condition of probation reduces the length of home detention, not the length of the probation.
Minges v. State, No. 22S-CR-285, __ N.E.3d __ (Ind., Aug. 23, 2022).
Trial Rule 26(B)(3) provides adequate guidance for the trial court to determine—on a case-by-case basis—whether a police report is protectible work product; overruling State ex rel. Keaton v. Cir. Ct. of Rush Cnty., 475 N.E.2d 1146 (Ind. 1985).
Newcomb, Jr. v. State, No. 22A-PC-318, __ N.E.3d __ (Ind. Ct. App., Aug. 24, 2022).
A miscarriage of justice, including when a person is convicted of an offense they did not commit, can be corrected within the confines of post-conviction relief.
Saucerman v. State, No. 22A-CR-501, __ N.E.3d __ (Ind. Ct. App., Aug. 17, 2022).
A trial court’s failure to ensure that a probationer who admits to a probation violation has received the advisements as required under Ind. Code § 35-38-2-3(e) constitutes a fundamental violation of the probationer’s due process rights.