The trial court reasonably concluded that Indiana was the appropriate forum for litigation brought by out-of-state plaintiffs against an in-state manufacturer.
Bogner v. Bogner, No. 45S04-1501-DR-23, __N.E.3d __ (Ind., April 28, 2015).
The best practices for conducting a summary proceeding, “would include establishing on the record: 1) affirmative agreement from the attorneys that proceedings will be conducted summarily, for those represented by counsel; 2) affirmative agreement by both clients or unrepresented litigants to summary proceedings; 3) opportunity for both parties to add any other relevant information regarding the issues in dispute before the summary proceeding is concluded or to affirm the arguments made by counsel; and 4) an advisement in advance of the hearing that either party is free to object to the form of the proceeding and request a full evidentiary hearing, upon which formal rules of evidence and procedure will be observed.”
Satterfield v. State, No. 49A02-1409-CR-659, __ N.E.3d __ (Ind. Ct. App., April 16, 2015).
In determining murder bail, “a defendant is allowed to present evidence of an affirmative defense to rebut the State’s strong presumption that the defendant more likely than not committed the murder (or treason) accused of”; here, trial court making murder bail determination erred in rejecting defendant’s evidence of self-defense.
Rodriguez v. United States, No. 13-9972, __ U.S. __ (April 21, 2015).
Fourth Amendment does not allow police to extend duration of a traffic stop, even for a “de minimis” time period, for reasons unrelated the matter for which the stop was made.
Moore v. State, No. 49A05-1408-CR-398, __ N.E.3d __ (Ind. Ct. App., April 22, 2015).
Savings statute for the revised penal code did not prohibit application of the revised sentence modification statute, which does not require prosecutorial consent to a modification petition, to a petition to modify a crime committed and sentenced prior to the July 1, 2014 effective date of the modification statute’s revision.