By intentionally omitting his claimed ownership interest in a company from his dissolution Settlement Agreement, plaintiff is now judicially estopped from asserting a claim of an ownership interest in the company.
Appeals
Muldowney v. Lincoln Park, LLC, No. 29A02-1610-SC-2439, , __ N.E.3d __ (Ind. Ct. App., Sept. 8, 2017).
Although small claims trials should be informal, the parties must still have the opportunity to present evidence or sworn testimony in support of their positions.
Pickett v. State, No. 47A01-1612-CR-2900, __ N.E.3d __ (Ind. Ct. App., Aug. 30, 2017).
Defendant is entitled to a bifurcated trial with a first phase on murder-related charges before a second phase with presentation of evidence qualifying him as a serious violent felon.
Kirby v. State, No. 34A02-1609-CR-2060, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
The statute prohibiting individuals convicted of certain sex crimes from entering school property is unconstitutional as applied to defendant because it amounts to retroactive punishment in violation of the Ex Post Facto Clause.
Durden v. State, No. 49A02-1701-CR-188, __ N.E.3d __ (Ind. Ct. App., Aug. 31, 2017).
Even though defense counsel agreed to removal of a juror after deliberations had begun, where the record did not show that the removal was justified, the conviction must be reversed and a new trial held.