Motion to certify interlocutory appeal was deemed denied when the trial court did not rule on it within thirty days of filing; the trial court could not revive the motion by belatedly granting it. Repetitive motion was a motion to reconsider and also was untimely.
Wampler v. State, 20A-PC-2043, __ N.E.3d __ (Ind. Ct. App., Apr. 28, 2021).
A trial court does not have the authority to resentence a defendant who has served his sentence and been released from the DOC.
Lake Co. Bd. Of Commissioners v. State, No. 20A-MI-1527, __ N.E.3d __ (Ind. Ct. App., April 30, 2021).
County is responsible for paying the costs of its probation officers’ legal defense that are incurred in the performance of the officers’ duties.
Logansport/Cass Co. Airport Authority v. Kochenower, No. 20A-PL-2143, __ N.E.3d __ (Ind. Ct. App., May 3, 2021).
To successfully allege a meritorious claim or defense pursuant to Trial Rule 60(B), a party seeking relief from a default judgment must state a factual basis for his purported meritorious claim or defense, but this initial showing is not governed by the Rules of Evidence.
State v. Ellis, 21S-CR-159, __ N.E.3d __ (Ind., April 26, 2021).
When a defendant is processed for home detention, a waiver of the “rights against search and seizure” clearly encompasses the right to be free from search and seizure absent reasonable suspicion.