Absent fraud, an agreed judgment is not appealable.
Appeals
Fisher v. State, No. 20A03-1509-CR-1373, ___ N.E.3d ___ (Ind. Ct. App., March 31, 2016).
Restitution order was proper, despite plea agreement’s silence about restitution; agreement implicitly incorporated I.C. § 35-48-4-17, which mandates restitution in methamphetamine cleanup cases.
Escamilla v. Shiel Sexton Co., Inc., No. 54A01-1506-CT-602, __ N.E.3d __ (Ind. Ct. App., March 31, 2016).
Plaintiff’s status as an undocumented immigrant is relevant to a claim of lost earning capacity.
Mannix v. State, No. 49A04-1505-CR-294, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Chemical test administered over three hours after accident is admissible, but deprives the State of the rebuttable presumption that the results reflect driver’s time-of-accident BAC.
Trial court could not rely solely on elements of one offense to impose greater-than-advisory sentence for the other.
Villaruel v. State, No. 71A03-1506-CR-544, ___ N.E.3d ___ (Ind. Ct. App., March 23, 2016).
Trial court failed to undertake Batson analysis when defense challenged State’s peremptory strike of Hispanic juror; convictions were therefore reversed and remanded for new trial.