Because the jury’s only role under the current habitual-offender statute is to determine whether the defendant has the requisite prior convictions, the defendant is not entitled to testify about the circumstances surrounding his prior convictions.
Rambo v. Rambo, No. 21A-DC-2472, __ N.E.3d __ (Ind. Ct. App., April 25, 2022).
A court cannot enter a provisional order in a dissolution of marriage for the sale of marital property.
ResCare Health Svcs., Inc. v. Ind. Family & Social Svcs. Admin., No. 21S-MI-372__ N.E.3d __ (Ind., April 5, 2022).
Although a complaint for declaratory judgment could not be decided by an ALJ, upon judicial review, one could be reviewed by the trial court judge without a separate complaint being filed.
State v. Fox, No. 21A-CR-2445, __ N.E.3d __ (Ind. Ct. App., April 6, 2022).
A home detention contract with broad language stating that a defendant waives “rights under the Fourth Amendment of the United States Constitution, as well as Article 1, Section 11 of the Indiana Constitution, regarding search and seizure of your person or effects” unambiguously informs a defendant that he is waiving his right against search and seizure absent any degree of suspicion.
Bunch v. State, No. 21A-CR-2278, __ N.E.3d __ (Ind. Ct. App., April 6, 2022).
The process for having a federal right to possess firearms restored following a conviction of a crime of domestic violence is tied to the state procedure for having said right restore; that procedure in Indiana is conducted pursuant to Ind. Code § 35-47-4-7.