A trial court has no discretion “to refuse to order commitment to the DMHA where it concludes that a defendant found not competent to stand trial can never be returned to competency.”
Mitchell v. 10th & The Bypass, LLC, No. 53S01-1303-PL-222, __ N.E.2d __ (Ind., Feb. 20, 2014).
Evidence obtained after entry of an order granting a motion for partial summary judgment may not form the basis for vacating that order. Relief from judgment under Indiana Trial Rules is not limited to final judgments.
Inman v. State, No. 49S00-1207-LW-000376, __ N.E.2d __ (Ind., Feb. 11, 2014).
“[T]he better practice going forward would be for trial courts to refuse to accept exhibits when tendered ex parte, unless the opposing party has been given notice and an opportunity to be heard on the matter.”
Morgan v. State, No. 49A02-1304-CR-386, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
“Annoys” as used in the public intoxication offense is unconstitutionally vague.
Thompson v. State, No. 61A01-1305-CR-207, __ N.E.2d __ (Ind. Ct. App., Feb. 13, 2014).
Operating a vehicle with a blood-alcohol concentration of .08 causing serious bodily injury is a “crime of violence” not subject to the statutory cap on consecutive sentencing.