Rejects defendant’s claim that attorneys were ineffective for not arguing a certain case because defendant mischaracterized that case.
Pohl v. Pohl, No. 32S04-1404-DR-245, __ N.E.3d __ (Ind., Sept. 9, 2014).
“[A]ny maintenance provision in a settlement agreement, regardless of its grounds, is modifiable only if the agreement so provides.”
Hughley v. State, No. 49S04-1406-MI-386, __ N.E.3d __ (Ind., Sept. 9, 2014).
A self-serving, but competent affidavit that contradicted the State’s designated evidence on a material fact was sufficient to preclude summary judgment.
Cross v. State, No. 73S01-1401-CR-29, __ N.E.3d __ (Ind., Sept. 3, 2014).
Firearm sentence enhancement and handgun without a permit conviction were based on the same behavior in violation of Indiana common law rule supplementing Indiana Double Jeopardy protection.
Hall v. State, No. 49A05-1312-CR-614, __ N.E.3d __ (Ind. Ct. App., Sept. 4, 2014).
Trial court erred in excluding phone call transcript containing information about alleged molesting victim’s apparent false accusation of nonconsensual sex with another individual; also holds trial court erred in not compelling a party to the phone call to answer deposition questions about the call.