The state must prove that each of the three prior unrelated felony convictions meet the ten-year requirement in order to have a person sentenced as a habitual offender under Ind. Code 35-50-2-8(d).
Calvin v. State, No. 02S03-1709-CR-611 , __ N.E.3d __ (Ind., Dec. 21, 2017).
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.