Defendant’s waiver of the right to appeal could not prevent his challenging on appeal the trial court’s erroneous imposition of consecutive habitual offender enhancements not agreed to in the bargain.
Dye v. State, No. 20S04-1201-CR-5, __ N.E.2d __ (Ind., Mar. 21, 2013).
“[T]he State is not . . . permitted to support [an] habitual offender finding with a conviction that arose out of the same res gestae that was the source of the conviction used to prove [defendant] was a serious violent felon.”
Town of Cedar Lake v. Alessia, No. 45A03-1207-PL-316,___ N.E.2d ___ (Ind. Ct. App., March 21, 2013).
The proper legal inquiry whether there was a statutory prohibition against the town’s exercise of authority was based on Indiana’s Home Rule Act.
Bethea v. State, No. 18S05-1206-PC-304, __ N.E.2d __ (Ind., Mar. 12, 2013).
Overrules cases holding that an element of a charge dismissed by plea agreement cannot be used as an aggravating sentencing factor, and holds that instead elements or conduct involved in dismissed charges may be used in sentencing unless the parties provide otherwise in their plea agreement.
K.O.A. Properties, LLC v. Matheison, No. 48A04-1207-SC-365,___ N.E.2d ___ (Ind. Ct. App., March 8, 2013).
Small claims court had personal jurisdiction over a defendant even though it was not listed as a separate party defendant on the notice of claim and defendant was not separately served with the notice, because it was provided with service reasonably calculated to inform defendant that a small claims action had been instituted against it.