Trial court should have vacated the felony conviction with the less severe penal consequences based on double jeopardy violation.
Ellis v. State, 02A03-1602-CR-376, __N.E.3d__(Ind. Ct. App., July 29, 2016).
Postconviction court must determine whether petitioner seeking credit time has exhausted his administrative remedies.
State v. Pitchford, No. 49A04-1512-CR-2173, __N.E.3d__ (Ind. Ct. App., July 29, 2016).
Mathias, J. The State of Indiana appeals the order of the Marion Superior Court granting a motion filed by Dejon Pitchford (“Pitchford”) to suppress evidence discovered as a result of a warrantless strip search of Pitchford in jail. The State claims that the trial court erred in concluding that the search of Pitchford was impermissible […]
State Farm Mut. Automobile Ins. v. Jakubowicz, N0. 45$05-1605-CT-00253, __ N.E.3d __ (Ind., July 26, 2016).
The insurance policy is ambiguous and must be construed in favor of the injured when the insurance policy provision requiring an insured to bring suit within three years is in direct conflict with the policy’s requirement that it will pay only if the underinsured motorist’s insurance has been exhausted.
Valdez v. State, 18A02-1509-CR-1514, __N.E.3d__ (Ind. Ct. App., July 22, 2016).
Deputy Prosecutor admonished for insinuating that defense counsel improperly influenced witness testimony.