Assesses procedure applicable to a habeas petition asserting credit time entitled petitioner to immediate release from jail work release portion of sentence; interprets work release sentence as one for direct commitment to community corrections; and concludes work release credit time applies to community corrections, home detention, and probation sentence in the aggregate.
Redington v. State, No. 53A01-1210-CR-461, __ N.E.2d __ (Ind. Ct. App., Aug. 6, 2013).
Rejects challenges based on the Indiana Constitution to the statutory procedure for retaining firearms of a “dangerous” person and concludes that evidence supported the trial court’s finding the respondent was “dangerous” so that his fifty-one firearms should be retained by the police.
Manley v. Sherer, No. 59S01-1205-PL-249, __ N.E.2d __ (Ind., Aug. 8, 2013).
A medical malpractice suit should not have been disposed of through summary judgment in favor of the doctor.
In Re 2012 Carroll County Tax Sale, No. 08A02-1303-MI-220, __ N.E.2d __ (Ind. Ct. App., Aug. 8, 2013).
Ind. Code § 13-26-14-4 prohibits foreclosure on property at a tax sale when an unpaid sewer bill is the only lien that exists on the property.
Ryan v. State, No. 49A02-1211-CR-932, __ N.E.2 __ (Ind. Ct. App., July 31, 2013).
Prosecutor’s improper comments amounted to fundamental error.