Despite an argument that it leads to an absurd result, a level 4 burglary conviction could not be enhanced with a habitual-offender finding because defendant’s two prior out-of-state convictions must be treated as Level 6 felonies under Ind. Code 35-50-2-8(b).
Fields v. State, No. 43A03-1704-CR-856, __ N.E.3d __ (Ind. Ct. App., Dec. 22, 2017).
Trial court properly denied defendant’s motion to dismiss charges against him because the arresting officer was acting as a de facto officer and his failure to take the statutory oath was a technical defect.
Bellwether Properties, LLC v. Duke Energy Indiana, Inc., No. 53S04-1703-CT-121, __ N.E.3d __ (Ind., Dec. 20, 2017).
Because the complaint does not establish that the statute of limitations had already run when the complaint was filed, Defendant’s T.R. 12(B)(6) motion shouldn’t have been granted.
Shirey v. Flenar, No. 02A03-1704-MI-876, __ N.E.3d __ (Ind. Ct. App., Dec. 21, 2017).
Doctor had a duty to preserve plaintiff’s medical records and is properly subject to a cause of action for spoliation.
Alford v. Johnson Cnty. Commissioners, No. 73A04-1702-PL-223, __ N.E.3d __ (Ind. Ct. App., Dec. 29, 2017).
Trial court properly dismissed for failure to state a claim a complaint by defendants that the rights of indigent criminal defendants are being ignored because the attorneys assigned as public defenders are burdened by unmanageable caseloads and not providing actual assistance of counsel as required by the United States Constitution and the Indiana Constitution.