When judgment of conviction was for an A felony but the entry of judgment was for a B felony, defendant’s motion to correct erroneous sentence was properly denied and a nunc pro tunc entry of judgment for an A felony was ordered on remand.
Munoz v. Woroszylo, No. 79A02-1409-CT-679, __N.E.3d __ (Ind. Ct. App., April 13, 2015).
Although plaintiff used bad judgment filing suit in federal court in Illinois, there was no evidence it was done in bad faith and the lawsuit could proceed based on the Journey’s Account Statute.
Myers v. State, No. 76S03-1407-CR-493, __ N.E.3d __ (Ind., Apr. 8, 2015).
Experts unanimously agreed defendant was legally insane, but other evidence in the record supported the jury’s conclusion that he was not; as it was not shown defendant was given Miranda rights, the State could use his post-arrest silence and request for an attorney as evidence of sanity without violating his due process rights.
Schaadt v. State, No. 33A05-1409-CR-428, __ N.E.3d __ (Ind. Ct. App., Apr. 8, 2015).
Savings clause for 2014 penal reforms does not violate the Indiana Constitution’s Equal Privileges and Immunities Clause.
Grant v. Bank of New York Mellon Trust Co., No. 49A05-1404-MF-139, __N.E.3d __ (Ind. Ct. App., April 6, 2015).
Plaintiff improperly attempted to circumvent the trial court’s T.R. 41 ruling by filing a new complaint raising identical legal and factual issues.