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.
Zavodnik v. Richards, No. 49A02-1209-CC-750, ___ N.E.2d ___ (Ind. Ct. App., March 14, 2013).
When a trial court has involuntarily dismissed a case without prejudice pursuant to T. R. 41(E), T.R. 41(F) gives dismissing trial court the discretion to consider whether a complaint should be reinstated. Plaintiff should not file a substantially similar or identical complaint in another court.
Heaton v. State, No. 48S02-1206-CR-350, __ N.E.2d __ (Ind., Mar. 5, 2013).
A probation revocation court must apply the preponderance standard, not probable cause, in determining whether the state has proved the defendant committed a new offense.
Santiago v. State, No. 45A03-1207-CR-304, __ N.E.2d __ (Ind. Ct. App., Mar. 5, 2013).
Taken as a whole, trial court’s presumption of innocence instructions were proper, even though they did not contain express direction that the jurors must fit the evidence to the presumption of innocence or reconcile the evidence on the theory defendant was innocent.