A habitual substance offender enhancement may only be added to a sentence if the underlying offense is substance abuse related.
Appeals
Messmer v. KDK Financial Svcs., Inc., No. 53A01-1701-PL-139, __ N.E.3d __ (Ind. Ct. App., Sept. 14, 2017).
The continuing representation doctrine for statute of limitations is not applicable to financial advisers or fraud allegations.
Ellis v. Keystone Construction Corp., No. 32A01-1607-PL-1477, __ N.E.3d __ (Ind. Ct. App., Sept. 5, 2017).
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.
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.