Defendant did not waive transfer to a preferred venue when the case was removed to federal court; trial court was required to transfer the case to defendant’s preferred venue upon remand to state court.
Payne v. State, No. 79A02-1707-CR-1606, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
State must authenticate defendant’s signature on plea agreement entered in prior violent felony in order sustain a conviction for unlawful possession of a firearm by serious violent felon.
McCoy v. State, No. 10A05-1703-CR-681, __ N.E.3d __ (Ind. Ct. App., Feb. 28, 2018).
Trial court at sentencing may designate a defendant as a credit restricted felon only if that person has been convicted of one or more of serious sex-related crimes that allow for such designation.
Hogan v. State, No. 71A05-1702-CR-278, __ N.E.3d __ (Ind. Ct. App., March 5, 2018).
In order to place a defendant in Purposeful Incarceration, the trial court must state in the Abstract of Judgment that, after successful completion of an appropriate therapeutic program, the court will consider a petition to modify defendant’s sentence.
Wamsley v. Tree City Village, No. 16A01-1706-CT-1355__ N.E.3d __(Ind. Ct. App., Feb. 28, 2018).
Trial court abused its discretion when it found that the failure to respond to the lawsuit by the defendant-landlords was the result of excusable neglect. Although landlords’ “status as a litigant may not rise to the level of ‘savvy’ and ‘sophisticated’…they are certainly experienced with litigation and the judicial procedural process through eviction proceedings, if nothing else” so inattention to the complaint and summons and their failure to consult with or discuss the suit with their insurer may constitute neglect, but it does not constitute excusable neglect under TR 60(B)(1).