Trial court violated defendant’s due process right to an impartial decision maker by making improper comments about paying rent.
Vickery v. Ardagh Glass, Inc., No. 49A02-1702-PL-330, __ N.E.3d __ (Ind. Ct. App., Oct. 13, 2017).
Litigating in a Commercial Court is not compulsory. Defendant waived challenge to Commercial Court’s personal jurisdiction by failing to file a refusal notice. Cautions attorneys and trial courts to be mindful of the notice requirements for temporary restraining orders.
Jean-Baptiste v. State, No. 49S02-1707-CR-00500, __ N.E.3d __ (Ind., Oct. 3, 2017).
The Court of Appeals’ sua sponte constitutional analysis, that personal waiver of right to a jury trial must be on the record for a misdemeanor, is vacated.
Jackson v. State, No. 82A04-1609-CR-2074,__ N.E.3d __ (Ind. Ct. App., Oct. 5, 2017).
The trial court committed fundamental error when it permitted the State to amend the charge on the criminal gang enhancement so that the charge no longer stated an offense under Indiana law.
Cardinal Health Ventures, Inc. v. Scanameo, No. 18A02-1703-CT-487, __ N.E.3d __ (Ind. Ct. App., Oct. 4, 2017).
Parties are entitled to a jury trial for securities fraud.